论司法权对公司自治的介入
发布时间：2018-10-11 08:28
【摘要】：公司自治原则体现了自由是人类永恒追求的这一最高价值目标,其被奉为市场经济的法律基础和市民社会的基本原则,也是现代公司法的根基与基础。公司在市场中如同自然人在社会生活中,都实行意思自治,从自身利益出发进行理性决策、参与经济交往和管理自己的事务,不受公司意志之外因素的干涉。但是随着市场经济的不断发展,公司自治滥用产生多种市场失灵现象,如垄断,外部性,信息偏在,搭便车,低效率等,该些问题动摇了公司自治基础,破坏了由一定生产方式所决定的正常秩序。而此时则需要国家公权力,尤其需要司法权介入发挥强制作用以恢复秩序。公司也不能再一味追求自由而不视其他,公司自由如同自然人的意思自由一样,都要受到民法上权利不得滥用原则的限制。本文主要探讨公司自治的基本理论基础以及司法介入发挥的作用,并在两者互相影响间找到平衡点,最终找出司法介入公司自治的限度与规则。本文共分五章,各部分主要内容如下: 第一部分:公司自治的基本概念与理论基础。本章主要探讨了公司自治的含义与公司自治的基本理论渊源。 第二部分:司法介入的正当性。本章主要分析了司法权作为公权力介入公司自治的正当性与理论根据。通过对司法介入的正当性分析,揭示了司法权介入的重要性与必要性。 第三部分,司法权介入公司自治的基本类型,本章主要介绍了实际经济发展过程中司法介入公司自治的类型。 第四部分:司法权介入公司自治的限度与规则。本章主要从原则与规则两方面分析司法权介入公司自治的规范要求,揭示出司法干预公司自治的限度与范围。 第五部分:我国公司自治与司法介入的发展与现状,本章主要回顾了我国公司法关于公司自治以及司法介入的发展历程和现状,通过理论回到实际,为完善我国公司体制建设提出建设性意见与建议。
[Abstract]:The principle of corporate autonomy embodies the highest goal of human beings' eternal pursuit of freedom, which is regarded as the legal basis of market economy and the basic principle of civil society, as well as the foundation and foundation of modern company law. Companies in the market, like natural persons in social life, exercise autonomy of will, make rational decisions from their own interests, participate in economic exchanges and manage their own affairs, and are not interfered by factors other than the will of the company. However, with the continuous development of the market economy, the abuse of corporate autonomy has produced a variety of market failures, such as monopoly, externality, information bias, hitchhiking, low efficiency and so on. These problems have shaken the foundation of corporate autonomy. It destroys the normal order determined by a certain mode of production. At this time, the state power is needed, especially the judicial power to play a compulsory role in order to restore order. Companies can no longer blindly pursue freedom without regard to others, corporate freedom, like the freedom of meaning of natural persons, is restricted by the principle of non-abuse of rights in civil law. This paper mainly discusses the basic theoretical basis of corporate autonomy and the role of judicial intervention, and find a balance between the two influences, and finally find out the limits and rules of judicial intervention in corporate autonomy. This paper is divided into five chapters. The main contents are as follows: the first part: the basic concept and theoretical basis of corporate autonomy. This chapter mainly discusses the meaning of corporate autonomy and the basic theoretical origin of corporate autonomy. The second part: the legitimacy of judicial intervention. This chapter mainly analyzes the legitimacy and theoretical basis of judicial power as public power to intervene in corporate autonomy. By analyzing the legitimacy of judicial intervention, this paper reveals the importance and necessity of judicial intervention. The third part, the basic types of judicial intervention in corporate autonomy, this chapter mainly introduces the types of judicial intervention in the process of economic development. Part IV: the limits and rules of judicial intervention in corporate autonomy. This chapter mainly analyzes the normative requirements of judicial intervention in corporate autonomy from the two aspects of principles and rules, and reveals the limits and scope of judicial intervention in corporate autonomy. The fifth part: the development and the present situation of the company autonomy and judicial intervention in our country. This chapter mainly reviews the development course and the present situation of the company autonomy and the judicial intervention in our company law, and returns to the reality through the theory. In order to improve the construction of our company system put forward constructive suggestions and suggestions.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.291.91
本文编号：2263518
[Abstract]:The principle of corporate autonomy embodies the highest goal of human beings' eternal pursuit of freedom, which is regarded as the legal basis of market economy and the basic principle of civil society, as well as the foundation and foundation of modern company law. Companies in the market, like natural persons in social life, exercise autonomy of will, make rational decisions from their own interests, participate in economic exchanges and manage their own affairs, and are not interfered by factors other than the will of the company. However, with the continuous development of the market economy, the abuse of corporate autonomy has produced a variety of market failures, such as monopoly, externality, information bias, hitchhiking, low efficiency and so on. These problems have shaken the foundation of corporate autonomy. It destroys the normal order determined by a certain mode of production. At this time, the state power is needed, especially the judicial power to play a compulsory role in order to restore order. Companies can no longer blindly pursue freedom without regard to others, corporate freedom, like the freedom of meaning of natural persons, is restricted by the principle of non-abuse of rights in civil law. This paper mainly discusses the basic theoretical basis of corporate autonomy and the role of judicial intervention, and find a balance between the two influences, and finally find out the limits and rules of judicial intervention in corporate autonomy. This paper is divided into five chapters. The main contents are as follows: the first part: the basic concept and theoretical basis of corporate autonomy. This chapter mainly discusses the meaning of corporate autonomy and the basic theoretical origin of corporate autonomy. The second part: the legitimacy of judicial intervention. This chapter mainly analyzes the legitimacy and theoretical basis of judicial power as public power to intervene in corporate autonomy. By analyzing the legitimacy of judicial intervention, this paper reveals the importance and necessity of judicial intervention. The third part, the basic types of judicial intervention in corporate autonomy, this chapter mainly introduces the types of judicial intervention in the process of economic development. Part IV: the limits and rules of judicial intervention in corporate autonomy. This chapter mainly analyzes the normative requirements of judicial intervention in corporate autonomy from the two aspects of principles and rules, and reveals the limits and scope of judicial intervention in corporate autonomy. The fifth part: the development and the present situation of the company autonomy and judicial intervention in our country. This chapter mainly reviews the development course and the present situation of the company autonomy and the judicial intervention in our company law, and returns to the reality through the theory. In order to improve the construction of our company system put forward constructive suggestions and suggestions.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.291.91
【引证文献】
相关硕士学位论文 前1条
1 王杨;司法介入公司治理的边界研究[D];安徽大学;2013年
，本文编号：2263518
本文链接：https://www.wllwen.com/falvlunwen/gongsifalunwen/2263518.html
