The Analysis Of Practical Dilemma And Countermeasures For Company Representation

The company has the independent personality,and can be able to engage in civilactivities like natural person.Declaration of intention is the essential element of civillegal act,and the inner meaning must be expressed through languages and behaviors tomake it produce legal effect.The natural person has brain and mouth.He can declarehis meaning flexibly.Unlike natural person,the company that don’t have body canachieve its will only with the help of the company organs.Company representationright system which concerns the improvement of the corporate governance structureand the distribution of the company power is one of the most important contents ofthe system of the company law.As for the legal basis of the company representation,Civil Law system usescorporate realism while Anglo-American Law system uses fiction theory.Because thedifferent understanding of the nature of legal person,there are two different theoriesabout the relationship between company organs and the company:theory of agencyand representation.Civil law system and China use the theory of representation.Theorigin and development of the legal representative system plays a role in Chinesespecial economic and cultural background,and the system has become a feature ofcompany law system in our country.With the development of market economy,thelegal representative system in the present company law has revealed manymalpractices in the practice.So it is necessary to reform our company representationsystem.This thesis mainly analyzes the problems of the legal representative system and puts forward to some countermeasures to improve the system.The thesis has fourchapters..Chapter Ⅰstudies the legal representative system’s present situation,content andcharacteristic.The development of the legal representative system in legislationmainly experienced three stages,and has formed characteristics which are differentfrom the foreign company representation system.Chapter Ⅱdiscusses the basic contentof the company representation.The source and the exercise are the core of thecompany representation.ChapterⅢ analyzes the practical dilemma of companyrepresentation in China.ChapterⅣ puts forward to thecountermeasures to perfectcompany representation and to solve the disputes about the company representation incurrent judicial practice.