Research On The Autonomy Of Company Charter

New Company law of the People's of China was carried out in 2006, illustrating the spirit of self-governance of the company and greatly reducing the unnecessary interference of the administrative and the country. It also allows the company to enjoy more rights of autonomy and respects self-governance and the free-will of the shareholders. Company charter autonomy is the most important representation of corporation autonomy. However, due to the absence of the culture of the private right in our country, company is regarded as a administrative tool, not a subject of private right. So it is hard for our company to be self-governance, and the idea of company charter autonomy has not been obtained enough recognition.The present article sails its study from the theory of company charter autonomy and discusses related problems. The present dissertation can be divided into four parts.The first part is the inspection on the theory of company charter autonomy, which is the basic theoretical analysis. Firstly, it introduces the meaning and feature of the company charter autonomy, emphasizing that company charter autonomy is a free will that shareholders express by making company charter and including three features of freedom, self-control and relativity. Secondly, It is discussed the theory of company charter autonomy from the nature aspect. Lastly the value of company charter autonomy is analysed.The second part is about the scope of company charter autonomy. It is discussed from defining the external factor-the nature of Corporation law as being a private law. Then, the author defines the scope of company charter autonomy from the regulation of the company law. Lastly, the article discusses specifically how the company charter realized its autonomy by cases.The third part compares our country's legal system with foreign countries. It introduces the form of the ideology of company charter autonomy in civil law system and common law system. It is concluded that the law is waved between compulsion and autonomy, but autonomy would be accepted by law-makers at last. Based on these analyses, the article inspects on the regulations of company charter autonomy in our country.The last part is the suggestions that the author makes to enhance the idea of autonomy of the corporation institution in our system of company law. There are some limitation and places need to be improved, for example, the structure of company charter, business scope of the company, representative of the company. In practice, The business man does not pay much attention to the idea of company charter autonomy. The author suggests to learn legal system from US or British and based on circumstance of our country to consummate company charter autonomy.