Corporate Law Function and Structural Sociology Analysis

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 shaping and adjusting the company's "body and use." It aims to analyze the relationship between corporate legislation and the company's "body and use" to examine 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, from the perspective of corporate legislation as a means for the government to regulate the economy, 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, and the impact on corporate legislative policies, as well as the value and functions of corporate law and the normative structure of corporate law to achieve certain values and functions. On this basis, it analyzes the problems in corporate autonomy and government regulation in reality and the shortcomings of the current corporate legislation in light of China's government role and economic development requirements. Drawing on the relevant 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 Corporate Law Framework." This part, starting from the requirements of legislative rationality, explores the correspondence between the company's economic structure and its legal framework, and 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 legislative systems of corporate law and company types in several representative countries, particularly discussing cutting-edge issues in corporate law, such as "one-person companies" and "related 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. Through a comparison and analysis of 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.