Study On The Configuration Of Arbitrary And Mandatory Norms In China's Company Law

The relationship between company autonomy and mandatory has always been the most controversial core issue in the discussion of company system,specific to the level of company law norms are manifested as arbitrary norms and mandatory norms configuration.The arbitrary norms of company law refers to the norms that can be fully followed by the company and its participants to change,select or exclude the application of will autonomy.The mandatory norms of company law refers to that the company and its participants must strictly comply with the norms that cannot he changed,selected or excluded according to their own will.The company law is a private law,and the basic principle of private law is private autonomy,which is reflected in the company law as company autonomy.However,company autonomy may not solve or even cause conflicts of interest,which needs to be rectified through the configuration of mandatory norms of the company law.In addition,the market environment and national policies of a country are also important considerations for the configuration of mandatory norms of the company law,which is the legitimacy of the existence of mandatory norms.Arbitrary norms should be the basic norms of the company law,and the configuration of mandatory norms should be strictly limited.Based on "arbitrary norms and mandatory norms of the company law of our country configuration problem research" as the theme,through historical analysis and comparative analysis research methods such as normative analysis,tries to reflect on the current specification configuration problems in China's company law,on the basis of arbitrary norms and mandatory norms of the company law of our country is put forward legislative Suggestions.The main body of this paper is divided into four chapters.In the first chapter,mainly through the analysis of the development process of the company system and the interpretation of the company law by using the company contract theory,it is proposed that the company law should be mainly composed of arbitrary legal norms.In the second chapter,it mainly discusses why we need to configure the mandatory norms,and what is the legitimacy of the mandatory norms configuration of the company law.In the third chapter,the author makes a comparative analysis of the configuration of arbitrary and mandatory company law in China and the United States,and reflects on the shortcomings of the configuration of arbitrary and mandatory company law in China.In the fourth chapter,the author puts forward some legislative Suggestions on the arrangement of arbitrary norms and mandatory norms in the company law of China,and proves the main points of this paper by introducing the dual-class share structure system into the company law of China.