Companies Act Forced Normative Research

How to identify the attributes and types of Companies Act is a problem that both theorists and practitioners must face. Companies Act not only adjusts the relations of interest among the commercial subjects but also coordinates the relations of interest between the commercial subjects and the nation and public. Accordingly, permissive norms and mandatory norms can be found in Companies Act. Different types of norms have corresponding differences in applicable scopes and legal effects. The permissive norms do not prove the rationality. However, the mandatory norms arc reasoning proposition and the rationality more need to be proved.Besides the introduction, the article includes four chapters:The first chapter is the premise of the mandatory norms in Companies Act. The theoretical term "the mandatory norms in Companies Act" is used to communicate effectively with civil law and other disciplines. To re-examine Companies Act with relations of interest, Companies Act should be leaded by the permissive norms and supplemented by the mandatory norms and other norms.The second chapter is the rationality of the mandatory norms in Companies Act mainly from the angle of history and value. Companies Act, as part of private law, but the will of the state is reflected in the whole story of company legislation. Different values lead to different legal effects.The third chapter is the classification and collocation of the mandatory norms in Companies Act mainly from the angle of legislation. First,"five types" are took to regulate clearly the position of the mandatory norms in the legal system of Companies Act. Then the mandatory norms are further typed according to different criteria. It is necessary to further improve the legal consequences of the private mandatory norms. The principle of civil responsibility prior to criminal liability and administrative responsibility should be clearly defined in the public mandatory norms.The fourth chapter is the judicial application of the mandatory norms in Companies Act mainly from the angle of explanation. The two most prominent problems are the identification of legal attributes and the effects of violation. Violation of the mandatory norms in Companies Act should all not be identified as invalid and should be dealt with different situations. It is wrong to determine the legal attributes based only on the marking words like "can, should, must, must not "in certain circumstances. In addition, the explanation of purpose and system should be used to determine the legal attributes in the absence of suggestive language.