A Study On The Representation Of The Coporate

The thesis studys the representation of the coporate mainly.lt includs five, sections.Section One discusses the statue relationship between corporation and its representive.This section is the base of the thesis.The author analyses the traditional three doctrines of corporation,and believes that the nature of the corporate should not be rigidly persevered in one theory,for the sake of daily practice.ln the side of the independent corporate personality,fiction theory and reality theory should compromise in real life,that is to say ,the corporate persevere reality theory should compromise in the external relationship and fiction theory between corporate and its representative.When the corporate shareholder trespasses others' intrests by the limited libility company system,we should uphould the theory of negating an artificialperson,disregard of the corporate personality .As to the statue relationship between corporate and its representative,the author aprroves of mandate doctrine,which the fiction theory be its foundation.Section Two expounds representative's obligation and the right of the representation in a comparative way to analyse the corporate director's obligation,the author thinks that Company Law of the People's Republic of China should be modified in corporate director's obligation and propose the proposals. Representation stands for two sides,that is ,to the extenal relationship and business execution represention insidely,and more,it is a kind of legitimate authority.Section Three discusses the corporate setup.First,the author analyses the relationship between director representative and the board. And then the davantages & disadvantages respectively to one-type corporate representative and multiple types.Finally,on the base of discussing our country's relative regutations,the author suggests that corporate representative should have more rights and freedom in business.Section Four discusses the system which director exceeds his powerAfter the classification analysis of the director's deviant behavior.the author gives opinions for bettering such system in four respects.This section is the core of the thesis.Paying more attention to protect the satety and high efficiency of the transaction,besides the corporate's vital interests,is the general guiding thought.Section Five discusses the system of action representative.The author discusses that how to make out the action representative and the act of the representative in a practical way.There is no aplication for apparent representation here,and whoever,the action in the court was regarded to the corporate's true intention.