On The Coordination Of Conflict Between Article Of Associationand Company Law Norms In Corporate Governance

Based on libertarian legal philosophy of China’s company law legislative position on deregulation, strengthened the idea of autonomy, by deleting a number of peremptory norms, increase of any specification, underscores the company’s Charter in the important position of corporate governance; At the same time, we cannot ignore the norms of peremptory norms of legislation value of company law. Difficulties and challenges that occur in judicial practice in China, requirements applicable to company law in China from really go into the practice of law.Equilibrium relationship between State forces and autonomy, in the main market for the company’s development on the system of protection.The first section of this article describes definition of the legal nature of the Charter of the company, corporate governance, and then analyze the articles’ role in corporate governance, specifically in corporate governance from the articles of value and independence of vectors in value; This article on company law standard degree of freedom from the intention of the parties, and is documented in company law codes of the mandatory specification and the specification of any role played by corporate governance. This portion of the analysis in the company’s articles of Association and company law norms in the corporate governance role of respectively, below leads to both conflict and contradiction in the governance of the company in mind.By briefly introducing the articles in part Ⅱ standard in corporate governance and company law in the conflicts and contradictions. Specifically, the initiative strong contradictions under the articles are divided into active conflict and negative conflict: active conflict is the guardian of the Constitution of the company provides may breach of peremptory norms in order of company law and company law norm of positive conflict; Negative conflict refers to the company at the time of establishment, conscious weak party Constitution does not give full play to superiority of autonomy and the Constitution have not been detailed, in commercial disputes in the later conflict with company law norms, this is because the parties to the conflict caused by the failure to exercise their privacy rights.In-depth analysis of the articles in part Ⅲ relationship specification in coordination with corporate governance and company law. Articles in the role of corporate governance in the real is the company’s autonomy, the autonomy of private law; Company law norms in the role of corporate governance in essence the main State forces, namely national public power specifications for commercial transactions; In the company’s Charter standard in corporate governance and company law is essentially the autonomy and the State forces of interaction in the game of power in the governance of the company. Then, referred to in this article by the author against the earlier active conflicts and the negative solution of the conflict, coordinating company’s articles of Association and company law norms in the benign interaction between developments in corporate governance.