Research On Separate Legislation Between Big And Small Companies

There are tens of thousands of companies that are bound by the Company Law, some of which are big companies that have shareholders up to thousands, the others are small companies that have only a few shareholders. These big companies and small companies are different both in their legal characteristics and needs. As a result, the lawmakers shall legislate on them differently, based on their intensive study on these companies’characteristics as well as legal needs. Though scholars in our country have paid more attention to small companies in recent years, their focus was on fields such as finance and market access system, few studied the characteristics and legal needs of small companies from the perspective of the Company Law. In addition, the current Company Law in our nation has not made the differences needed between big companies and small companies, despite some improvements have been made compared with the old one. Herein, the aim of this thesis is to find the right way about how to legislate on big companies and small companies differently and properly, by learning the experiences of the reforms of the Company Law in other nations and by studying the legal characteristics and legal needs of both big companies and small companies in depth.This thesis consists of three chapters in addition to Introduction and Conclusion.Chapter one analyses in theory the two core questions about this issue: the classification standard and the advantage of the separation between big companies and small companies. As to the first question, it considers that the classification standard between big companies and small companies should be weighed by its capital, number of shareholders, etc. As to the second question, it considers that the separation between small and big companies will benefit all the companies. Chapter two reviews the backgrounds, measures, as well as the lessons we can draw from the reforms of the Company Law of Japan in2005and of the Britain in2006,using the method of comparative analysis.Chapter three offers some suggestions on the reform of our nation’s Company Law in the future, after reviewing the improvements the current Company Law has made and the problems it still faces, using the lessons we draw and conclusions we made from the previous two chapters.