On The Legal Control Of The Legal Overtaking Of Legal Representatives

As a special civil subject,the legal person plays an important role in market transactions,and the legal representative is directly related to the realization of the third party's trading behavior because of its special status and status..The legal representative of the company exercises its powers in the company's business activities,engages in the behavior of representing the company,and regulates the behavior of the legal representative to have a profound impact on the orderly conduct and security of the market operating environment.In the article structure,except the introductions and conclusions,we can divides the main body part into four chapters:The first chapter is a discussion of the theoretical basis of the company's legal representative.It mainly focuses on the concept and legal status of legal representative and the drawbacks and limitations of legal representative system.The legal representative is the representative office of the company,and the representative right of the legal representative is the typical “internal authorization external announcement”.With the expansion of the legal person's business scope,the scope of the legal representative's powers and responsibilities expands,accompanied by the expansion of power.And the abuse phenomenon actually affects the interests of legal persons.The second chapter mainly introduces the legal control and application status of ultra vires acts of corporate legal representatives.By introducing the historical changes of the control of ultra vires acts of legal representatives in China,the article 50 of the Contract Law is now a special norm.Through sorting out and analyzing 75 cases of judicial practice in China from 2015 to 2017,it is found that the effectiveness of ultra vires acts in our country is not specified in detail.Different courts will decide different cases when dealing with such cases,which can be roughly classified into three categories: validity,validity and validity.Invalid and valid.The third chapter mainly discusses the existing problems in the legal control clauses of ultra vires acts of corporate legal representatives in China.This article mainly focuses on the ambiguity of the provisions of Article 50 of the Contract Law,the broad definition of "beyond the limits" and the ambiguity of the criteria of "knowing or ought to know",which lead to the different judgments of the courts in the previous chapter in dealing with the same similar cases.The fourth chapter is mainly from the perspective of legal control on the ultra vires acts of legal representatives put forward corresponding suggestions for improvement.Starting from the mandatory norms of the law,that is,from the construction of the competency system of legal representative of a company,through the restriction of "beyond the limits",the problem that was originally too broad was defined and the judgment mode of "know or should know" was determined to safeguard the rights and interests of shareholders or parties.Combining with the problems in the previous part,I put forward my own suggestions and ideas from these three aspects,expecting to contribute my strength to the legal norms of the legal representatives in the company law with my shallow knowledge.