A Study On The Effectiveness Of China 's Articles Of Association

In brief, the interior efficacy of the company charter means its influence on the rights and obligations of the corporation, the shareholders, the directors and the executives. In the theoretical system of company charter, the main content is the efficacy of company charter, but the most basic problem is the interior efficacy of it. In our country, the company charter have gradually been valued since the revision of The Corporation Law of the Peoples Republic of China in 2005, then the company have been given more freedom than before. However, in quite a few laws, the relevant provisions of interior efficacy still lack accuracy and operability. Meanwhile there exists limitations within the stipulation about the consequences of violation of company charter.And it is for this reason that a lot of legal cases and controversies concerning company charter in practice rise. But the key to solve those controversies is the theory of efficacy of company charter. So, this paper try to introduce the main problems of interior efficacy, combs the interior efficacy of company charter on the basis of existing research, for the purposes of putting forward some suggestions for perfecting the company legislation and practice, so that interior efficacy of the company charter can play a bigger role.In addition to introduction and conclusion, this paper has four main parts, which are as follows:The first part is the overview of the interior efficacy of the company charter, which defines the basic meaning of the interior efficacy, and points out that the constraint scope of company charter covers the corporation, the shareholders, the directors and the executives. And by making a summary of the functions of interior efficacy, the necessity of the research on this topic will be demonstrated.The second part analyses the practical difficulties of interior efficacy of the company charter in our country, which mainly reflected in the following aspects:a lack of autonomy concepts of company charter; unclear definition of the power boundary; validity conflicts between the interior efficacy and other normative documents.The third part will carries out empirical study on the interior efficacy of foreign laws. The key research contents include:importance attachment to the autonomy of company charter; effects of the company charter structure of the two law systems on interior efficacy; the remedies of validity defects; coordination of the conflicts between the interior efficacy and other legal norms. The paper aims to discover ways to improve our own articles by analyzing the commonalities and differences between different countries.The fourth part is about the improvement proposal on the interior efficacy in our country. Main ideas include:establishment of the philosophy of the autonomy of company charter; conflicts coordination between company charter and legal norms; perfection of remedying legal system; specification of the referee rules of interior efficacy cases.