Corporate Law Function and Structural Sociology Analysis: Research on Corporate Legislation Issues

Author: Wang Hongyi
Publisher:
Publish Date: 2002-06-01
Features: On this basis, this book summarizes and analyzes the establishment of corporate systems and related legislative issues under China's transition system. It argues that the current state of corporate systems in China, such as the lack of corporate autonomy and the failure of corporate governance structures, is determined by the current state of the government and economic system. The imperfect corporate legislation is one of the important reasons for this. Therefore, China must, while reforming its political and economic systems, improve corporate legislation as part of building a sound legal system for the socialist market economy. As a means for the government to promote reforms and establish modern enterprise systems, China's corporate legislation should focus on safeguarding corporate autonomy and establishing a corporate governance structure suitable for China's transition economy. Except for the chapter "Introduction" and the fifth chapter "Conclusion," the main body of this book is divided into three parts:
1. Chapter 2 "The 'Body and Use' of the Company and Corporate Legislation." This part explores the essence and phenomena, content and form, function and structure of the company (the book uses the term "body and use" to encompass these aspects), the factors influencing the evolution and development of the company's "body and use," and the role and limitations of corporate legislation in the formation and adjustment of the company's "body and use." It aims to analyze the relationship between corporate legislation and the company's "body and use" to discuss the goals, functions, and limitations of corporate legislation in establishing China's company system.
2. Chapter 3 "Corporate Legislation: Corporate Autonomy and Government Regulation." This part compares and analyzes the changes in the relationship between the government and the company under different government roles and different market economy models, as well as the development of the "privatization of private law" in corporate legislation and the changes in the structure of corporate law norms during this process. It explores the reasonable positioning of the government-enterprise relationship in modern market economies, the issues in corporate autonomy and government regulation, the impact on corporate legislative policies, and the value and functions of corporate law, as well as the normative structure of corporate law that realizes certain values and functions. On this basis, it analyzes the problems of corporate autonomy and government regulation in reality and the shortcomings of the current corporate legislation in light of the government's role and economic development requirements in China. Drawing on the experience of other modern market economy systems, it proposes suggestions for the value orientation, legislative policies, and normative structure of corporate law in China.
3. Chapter 4 "Corporate Legislation: Corporate Economic Structure and the Framework of Corporate Law." This part discusses the correspondence between the economic structure of the company and its legal framework from the perspective of legislative rationality. It studies the formal and substantive normative structures of corporate law. The study of the formal structure of corporate law mainly involves a comparative analysis of the corporate law systems and types of representative countries, especially exploring cutting-edge issues in corporate law, such as "one-person companies" and "associated companies," and analyzing the economic factors that may influence the formal structure of corporate law. The study of the substantive normative structure of corporate law mainly involves the internal power structure established by corporate law. By comparing and analyzing the differences in the economic goals, logical structures, and specific arrangements of corporate power in the corporate governance structures of different market economy models, as well as the economic reasons for their convergence, it proposes the goal logic, structure, and specific arrangements of corporate legislation in establishing the corporate governance structure. On this basis, it analyzes the formal and substantive normative structures of China's corporate law and explores ways to establish a corporate law framework suitable for China's conditions.