On The Private Autonomy In Corporate Law

The corporate law be regarded as the public civil law,which has its specific juristical foundation.This nature makes the company system hover between state coercion and private autonomy when it serve to the market economy development for blancing efficiency and security.As the company system developing, Is the company to be coerced or privated by law mainly?This debate is testing the traditional company law culture to reply the issue.We should seek the state coercion and private autonomy on the base of private autonomy,since company law is civil law.And maximize realizate the autonomous vaule potency of the civial law.This is a issue which this article tries hard to prove.Above on the debate of this issue proved, the author advice somg legislative proposal on the corporation regulation,corporation internal management and corporate capital system.There are about forty thousands words in the paper.It is divided into three parts,that is prelude,body and postscript,starting it as follows now:The prelude has two parts:the first part aims the reasons of writing the paper and the writing train of thought.The second part deals chiefly with how to define accurately the basic concept"state coercion"and"private autonomy".The body is divided into five following parts again:Part I:The debate theory of private autonomy of company law and self-criticism.In this part, the author proposed at present mainstream theory viewpoint on the private autonomy in corporate law. At the same time,the author point out the company society responsibility theory and the mainly viewpoints in socity at present.The essence of these kinds of disputing is that the compamy syetem is given more private autonomy primarily or more state coercione through company law .Then,the author think over and self-criticize these theory .Part II: Think again that the relation between private automony and mandatory rule in company law.The mandatory rule manifests the public law characteristic, the free rule manifests the civil law characteristic. In this part, the author analyzed that the company law shoud be used naturely in order to pave the way for the later paper theoretical proposal.Part III: In this part ,the author focusing on private automony in company law in America,Engliand,Germany and Jpane.Part IV:The base of advoateing the character of the company law in China.In this part, the author brief analysis the standard and the significance that public law and the civil law divided.At the same time,the author analysis the significane of private autonomy .then,I analysis the civil law character of the company law.Simultaneously, advocated the company law should mainly benefits the company itself.These pave the way for the advice of the private autonomy in company in our country.Then,the author point out that the shotcomings in our company law.Part V:Advice on the autonomy of company law In China.In this part,the author makes a comparative analysis to several advanced idea and company system of some countries or regions and arrives at the conclusion,that is,the advanced autonomy idea and company system stand for the general development tendency of the company system and we should learn these ideal of autonomy and technology if we try to codify the excellent company system. Base on the foundation of advoating private autonomy in company law .the author put forward the theory proposal and the legislation proposal to our company law.on legislation proposal ,the author use the prinicial of commercial and civil law and the prinicial of company law in order to gain the standard of the deviding the mandatory rule and the free rule. This part is the most importmant in this article.Postcript: summarizing the gist,and the paper is over.