On The Enforceable Norms And Arbitrary Norms In Corporation Law

Companies act regulate a wide range of adjustment and a complex social relations,companies act has become a maintenance company, shareholders, creditors and other interests of market players and improve the socialist legal system with Chinese characteristics and an important part.Yet,in the implementation process,a number of shortcomings and defects of company law is also reflected. Because of legal traditions and legal culture,the introduction of some foreign company law concept of Chinese companies in the process of legislation did not reflect the localization of Chinese.The corporation law belongs to private law. It determines the corporation legislation should be more consider the company autonomy,but for the well implement of Chinese socialist market economy system, the administer should ensure the necessary administrative control.The article introduce the meaning of the enforceable norms and arbitrary norms,through the theoretical basis of the corporation law enforceable norms and arbitrary norms and the comparison of Chinese and foreign corporation law system,sums up the division is the comparison of the legal value and measure. That is,not only to achieve the corporation by contract subject's autonomy,but also to maintain the efficiency and running the order and justice.The article tries to regulate the nature of the enforceable norms and arbitrary norms,from the legal essence the facultative,boundaries and the legislation configuration of enforceable norms and arbitrary norms,to illustrate the significance of the article,and analyzes the shortage of the enforceable norms and arbitrary norms. The corporation law should be redefined and increase the arbitrariness provision.The corporation law should stress the role of the attention articles,give companies more greater autonomy,the legislation idea should be reconstruction the corporation law in the premise both efficiency and fairness,form the suitable company law system of Chinese socialist market economy system.