公司章程自治相关法律问题研究-经济法学专业论文.docx

万方数据 万方数据 Research on the related legal issues of corporation by laws autonomy ABSTRACT In 2005 China revised the company law carry forward the spirit of the autonomy of company charter, reduce the will of the state and the administrative authority for the unnecessary intervention, to further increase the company autonomous space, more embodies the shareholder autonomy, freedom, democracy and the rights of respect. The autonomy of company charter is the company autonomous platform, is the autonomy of private law is embodied in the company law. But because Chinas lack of long-term private cultural traditions, there is long-term national regulation tool rather than as a private right in the form of subject. Therefore, the company is difficult to realize autonomous, at the same time, also has not received enough attention in the social practice of the autonomy of company charter. This paper starts from the theory of corporation bylaws autonomy, the autonomy of company charter related problems are discussed. The full text is divided into five chapters. The first chapter is the introduction part, introduces research articles of company autonomy status of related research background, research significance, domestic and foreign, this paper focuses on the difficulties and innovations. The second chapter related theory of the autonomy of company charter shall be introduced, which is the basic condition of the autonomy of company charter. First introduced in China now scholars understanding for the articles of association of the company, the meaning of autonomy, emphasizes the characteristics of the autonomy of company charter autonomy, contract; secondly, the time order in accordance with the company law in China are introduced, present situation of corporation bylaws autonomy in the company law of our country in history, development. Finally, the III relationship between the autonomy of company charter and company law from three different angles are described and analysis