Research On The Balance Of Rights And Responsibilities Of The Legal Representative Of A Company

The legal representative system of the company is a commercial system influenced by administrative management,which plays a positive role in improving transaction efficiency.However,due to the excessive concentration of power and high risk of liability of its sole legal natural person representative,many problems have also arisen in judicial practice,such as the imbalance of corporate governance power,the phenomenon of nominal or impersonating legal representative,exceeding the authority of the legal representative of the company,the dilemma of withdrawal and the rigidity of change registration,etc.However,in the revision of the legal representative system of the company,although the problems of dismissal mechanism,responsibility mechanism and rigidity of change registration of the legal representative of the company have been responded,the rigidity of the legal representative system of the company and the key imbalance of rights and responsibilities have not been fundamentally solved.Among them,there are two extreme phenomena in the practice of the imbalance of rights and responsibilities of the legal representative of the company.One is the lack of power and the other is the excessive concentration of power.Therefore,this paper first combs the current legal positioning and responsibility setting of the legal representative system of the company,and finds that its system positioning emphasizes the representative attribute and the responsibility risks are numerous and complicated.The second chapter searches and summarizes the manifestations of the imbalance of rights and responsibilities of the legal representative of the company through empirical research on cases.The third chapter analyzes the reasons for the imbalance of rights and responsibilities of the legal representative of the company through legal hermeneutics,historical analysis and comparative analysis.