An Analysis On The Case Of The Thumb Science And Technology Company Sue The China Environment Company

Legal representatives are altered by board of shareholders of corporationn, taking effect after having change of registration to the department for Industry and Commerce.The main points of this paper are:changing legal representative are taken effect by whether board of shareholder’s decision or by registration in the department of industry and commerce; what forces do the two actions have individually.First of all, the definiation of company’s registration refers to registering applicant’s application, examining by law, putting the approval of registration on a company register and putting to publicity.Second, the characteristics of company’s behavior mainly reflect on administrative act while combined with civil and commerical behavior, so the legal norm of company registration embodys characteristics of private law and public law. In the root the regisrtation of company belongs to Civil and Commerical Law so it should be categoried into autonomy. AThe basis of company registration belongs to Civil and Commerical Law since the emerges of company registration; so company registration seems to belongs to private law.But registering companys mainly focus on things of procedure,with distinguishing feature of peremptorynorm. Inconclusion, companys registeration have chara cteristics of public law and private law.Board of shareholders is the inner power department of a corporation, while the resolutions of Board of shareholders are ways that shareholders express their willingess by voting.Changing legal representatives is autonomous for a corporation. From my prespective, while third party is not involved, the change of resolution should be the the requirement of validity. The process can cause gridlock in corporation easily if the resolution of changing legal representative has to take effect through change of registration and not favored to effective control by shareholders. At the same time, civil behavior of a corporation shoule be autonomous, so the use of authority power to constrain a civil character behavior defy the procedore of "what law not forbid is what apporve". It is not reasonable for corporate governence and constrain the growth of main body of marketing because of too much interevere from administration.Administration needs to "Reduce Policy and Rulease Power" to some aspect of registration system of corporation. Therefore corporation can be urged to achieve standardized operation actively and build market credit management system.