On China's Legal System Management Of The Company

On China's company law about the organization provisions of the company, the most obvious characteristic is the company's manager system. China's company law were provided for manager of the provisions of the respective terms of reference in limited liability companies or ltd, which China's company law cited by the Western countries these rights in the company law and corporate practice is mostly exercised by the board of directors. Chinese manager of the company's position also seems to be equivalent to other countries the status of company directors.The author pointed out China's manager system's problems such as loopholes of privileges settings, the lack of an effective incentive mechanism and ? monitoring mechanisms, as well as China's legal system deficiencies exist manager of the Analysis, finding the reasons for the existing defects of China's manager system. Learn from foreign advanced legislative experience, I believe that to be against the registration must be before the establishment of a registration system; the competence of managers in implementing the protection of bona fide third must be on the interests of legal thought, and abolish the Company Law must be on terms of reference for managers to give way to provisions of the form; restrictions in the terms of reference must be clearly defined terms of reference of the manager of the restrictions; the mandate conferred should be used the way by express and implied; in terms of reference of the way I stand with international practice, explicitly provides for the manager's signing right, and the exercise of this power is not necessary to use the company chop; improving the incentive mechanism is consistent with the contribution and reward, reside Claim to the manager, combine short-term and long-term incentive; the monitoring mechanism is improved from both internal and external levels; and establishing the manager's company responsibility and a third person's relevant legislation responsibility to improve the company's management system are issues discussed in this article.Based on the observation about the manager system in existing law, I hope to explore suitable ways and means for the company manager legal system, and make a positive force to the healthy development of China's modern companies.