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

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Features: On this basis, this book summarizes and analyzes the establishment of corporate systems and related legislative issues under China's transitional 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 China's government and economic system, with the imperfect corporate legislation being a significant contributing factor. Therefore, China must, while reforming its political and economic systems, regard the improvement of corporate legislation as part of establishing 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 transitional economic structure. 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 primarily explores the essence and phenomena, content and form, functions and structures 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 corporate system.
2. Chapter 3 "Corporate Legislation: Corporate Autonomy and Government Regulation." This part primarily compares and analyzes the changes in the relationship between the government and the company under different government roles and different market economy models from the perspective of corporate legislation as a means for the government to regulate the economy. It also explores 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 discusses the reasonable positioning of the government-enterprise relationship in modern market economies, the issues in corporate autonomy and government regulation, and their impact on corporate legislative policies. It also examines the value and functions of corporate law and the normative structure of corporate law designed 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 China. Drawing on the relevant experience of other modern market economy systems, it offers suggestions on the value orientation, legislative policies, and normative structure of China's corporate legislation.
3. Chapter 4 "Corporate Legislation: Corporate Economic Structure and the Framework of Corporate Law." This part primarily explores 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 corporations in several representative countries, particularly focusing on cutting-edge issues in corporate law, such as "one-person companies" and "related companies." It analyzes 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, 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 national conditions.