浅析公司高级管理人员的法律地位.pdfVIP

A b stra ct T he rev ised C om pany L aw has estab lished th e system of the com p any secretary form ally ，w ho h as been defin ed as th e adm in istrative officer. A lth ou gh the expression of our C om pany L aw w h ich subordinates to the continental law system is alm ost the sam e a s it in B rita in ， th e U S A ， o r M a c ao , a s a re su lt o f th e d ifferen ce s in th e so cial env ironm ent for the legal system and th e control structure, actually th e legal statu s of the com pany secretary in our country totally differs from that in those countries or areas. W e shou ld express m ore defin itely in th e sub stantive connotation of the com pany secretary ，esp ecially the relationsh ip w ith other m anaging departm ent of com pany ，from its appointing an d d ism issing ，authority , legal responsibility and so on by the judicial interpretation and the departm ental law s, so that its legal status w ill be im proved . T h is w ould m ake it w ork better w ith oth er sy stem of control structure. Th is th esis con sists of three parts to dem on strate th e legal status of com pany secretary by integratin g th e m eth ods of contrastin g, analy sis and in duction w ith the hope of putting forw ard som e usefu l advices on the p erfection of com pany secretary sy stem in current law s an d regulation s. The first part of this thesis gen erally gives th e overv iew on com pany secretary sy stem , based on th e introduction of its historical origin . T hen , it introduces the fundam ental value of com p any secretary in cluding efficiency，safety value and procedure value and analyzes the legal relation s w ith oth er com pany organizations an d m em b ers. T he second part of th is thesis m ainly contain s the analysis of evolution and legal statu s of com pany secretary. F irstly, it presents th e form ation and developm