A Study On Trust Of Enterprise Managerial Power

This article presents a comparatively overall study on the system of trust of enterprisemanagerial power. Trust of enterprise managerial power, in short, is a mode ofbusiness operation in which the management power of one enterprise is transferred toa trustee. Strictly speaking, the definition of "trust of enterprise managerial power" isinnovated by author, and the reason to give such a definition is that it manifests twodistinct features directly: objection of the system-enterprise managerial power and thebasic theory of the system-trust theory.Though trust of enterprise managerial power is a brand new system which author triesto establish, there have been many embryonic forms of it in practice. In the view ofappearance, trust of enterprise managerial power is transference of managerial power,and the similar systems that have been practiced are contract system and enterprisetrusteeship system. The former results from the policy of separation of ownership andmanagerial power that implemented in the 1980's, and its most distinctive shortcomingis short-term act, and now it has been deserted after short time flourishing. The latter isa mode of enterprise operation in which the enterprise managerial power is entrustedto another enterprise, and it is being increasingly used as the embryonic form of trustof enterprise managerial power. However, since the transference of enterprise IIImanagerial power in the latter mode is based on the theory of entrustment, theentrusted party can't administrate its managerial power quite well because of thedeficiencies of entrustment. On the contrary, by the way of conferring the "equitabletitle" to trustee, trustee's statutory managerial power is broadened widely, and theefficiency of business operation is enhanced accordingly. Meanwhile, the system oftrust of enterprise managerial power can also overcome the deficiency of contractsystem and help establish enterprise's long-term act by transferring the title ofenterprise to trustee when the trust is finished, so it has more systematic advantagesthan those of contract system and enterprise trusteeship.Of course, the need of practice is often the impetus of establishing a new legal system.With the development of market economy, enterprises are required having morespecial skills. To maximize the business profits, increasingly number of enterprises arechoosing the way of trusting their managerial power to specialized managementcompany. In order to promote the development of this industry in full swing, and toprovide practice with correct guide, we should establish corresponding laws andregulations as soon as possible.The materials on the article are both from books and investigation, on the basis ofcombining and analyzing these materials, the article put forwards many suggestionsfor the system of trust of enterprise managerial power. This article is divided into fourcharters, and contains more than 39,000 Chinese characters. The main contents of eachchapter are as follows:Chapter one deals with the basic doctrine of the system of trust of enterprisemanagerial power, after explaining the definitions of "enterprise managerial power"and "trust" respectively, it presents the definition of "trust of enterprise managerialpower". To further distinguish it from other systems, such as enterprise trusteeship, IVagency, contract system, corporate director and capital trust, it also gives a detailcomparison between these systems.Chapter two introduces the practice of trust of managerial power and currentlegislation in our country. To further explain how enterprises operate in practice , thischapter also gives a detail case besides the overall introduction. Comparing withpractice, our laws and legislations have far lag behind, and suggestions are madeherewith to make laws and legislations as soon as possible.Chapter three is the key po...