公司经理权行使规则分析-民商法学专业论文.docx

公司经理权行使规则研究 公司经理权行使规则研究 PAGE PAGE 5 权制度。 关键词：经理权；行使原则；内容；行使限制 Abstract The manager right means the manager according to the authorization of the board of directors manage the company, representative company engaged in business and the relevant act , on behalf of the company in the proceedings and so on ,which within the scope of the law, articles of association or contract had set.In the western developed market-oriented economy countries and regions, the legislation of the manager right is very active.The rules of the manager right has been the focus in theory circle and practice.In China , the legislation of the manager right is not perfect and the scientific theory related to it is also less because of the market economy development later.The author thinks that the rules of the manager right should include the principle, the scope,the way and the restrictions of the exercise .This paper based on the investigations about the theory and the practice of the subject of the manager right at home and abroad. The text is divided into four sections, the main point is as follows: The first chapter have covered in more detail about the principle of exercise the manager right. First,the article introduces the concept and the properties of the manager right,and analysis the principle’s meaning, the value of the establishment in detail. Put forward that the principle of exercise the manager right includes legitimate exercise principle,reasonable exercise principle, active exercise principle, prudence exercise principle. Four principles is an organic whole of contact and inseparable. The second chapter presents the content of exercise the manager right. First,the article discusses the problem of how to awarded,public and remove the manager right through research the elements of exercise the manager right. Then discusses issues regard to the scope of the manager right, including the continental law system and the common law system how to determine the scope of the manager