Research On Managers' Power Balance Mechanism Of Corporation

In 2005, our country made a large-scale revision on"Corporate Law", formulated in 1993.After the revision of"Corporate Law", it has consummated managers'power balance mechanism of embryonic form. However, it's far away from a integrate, mature mechanism. In order to find a good method to perfect our system, my paper is divided four chapters to discuss the balance mechanism.The opening chapter gives a general overview of related notion from the subject. It follows that the legal definition of manager should be related with the understanding of other disciplines and manifests the legal characteristic simultaneously. Debating between"right"and"power", I know its essence of manager power. On this ground, these are made preparations for the flowing text's discussion on the check and balance mechanism of managers'power. The manager power balance is the power system stability and control's reflection on company domain concrete utilization, as described in the second charpter.The mechanism is of three legal values: prevention value, maintenance value, protection value. In the third chapter, I use method of comparative analysis to analyze the system in UK-US model and Germany-Japan model. Our corporate system belongs to the mixture of family control model and insiders control model. As a result, the mechanism of our country presents its particularity.In the last chapter, the mangers'power balance mechanism in China is my main discussion. First, a perfect mangers'power balance system must be measured by economic criterion and law criterion; second, an integral balance system must consist of three parts: system of decentralization, system of morality, system of responsibility; third, under the influence of convergence and persistence in corporate governance, our country's legislation that wants to use others as a source of reference is affected. Circumstances alter cases. At last, I make recommendations to the managers'power balance mechanism of our country.