A Legal Research Of Company Representation System

The company, as an important civil main body created by law and engaged in civil and commercial activities according to law, is not a man of flesh and blood. A company that hopes to communicate outwards, must resort to some specific corporation organization namely the corporation representative. In accordance with Chinese laws, the representative of a company, with its legality and uniqueness, is commonly referred to as legal representative. The formation of legal representative system is largely correlated to the long-term planned economy system of China. With Chinese economy and society developing in an all round way, the defect of over emphasizing legality and neglecting autonomy of the corporation is increasingly prominent. Responding to the changing situation, the company law revised in 2005 entitles the company with certain autonomy in appointing its legal representative but doesn’t make a great difference to the system that stipulates the legal uniqueness of the corporate representative, which affects how the company runs and develops its business. Adequate autonomy is the foundation for a company’s sound and stable business. The amendment of existing company law is a necessity to ensure orderly commercial activities. Based on the ideal of returning autonomy to the company, this article proposes to fundamentally change the uniqueness of the legal representative so that the company shall enjoy more liberty in the appointment and dismissal of its legal representative.There are in total four parts in this article. The first part is to elaborate on the basic theory of corporation representation, consisting of the company representation’s legal nature and legal characteristics, its exercising mode and the development of Chinese legal representation of corporation. The second part is to introduce foreign legal representations of corporations and how they enlighten the formation of Chinese legal representative system. The third part focuses on the analysis of deficiency existing in current Chinese representation system of corporation. In the fourth part, the advice is given as for the improvement of this current system.