論司法權(quán)對公司自治的介入
發(fā)布時間：2018-10-11 08:28
【摘要】：公司自治原則體現(xiàn)了自由是人類永恒追求的這一最高價值目標(biāo),其被奉為市場經(jīng)濟(jì)的法律基礎(chǔ)和市民社會的基本原則,也是現(xiàn)代公司法的根基與基礎(chǔ)。公司在市場中如同自然人在社會生活中,都實行意思自治,從自身利益出發(fā)進(jìn)行理性決策、參與經(jīng)濟(jì)交往和管理自己的事務(wù),不受公司意志之外因素的干涉。但是隨著市場經(jīng)濟(jì)的不斷發(fā)展,公司自治濫用產(chǎn)生多種市場失靈現(xiàn)象,如壟斷,外部性,信息偏在,搭便車,低效率等,該些問題動搖了公司自治基礎(chǔ),破壞了由一定生產(chǎn)方式所決定的正常秩序。而此時則需要國家公權(quán)力,尤其需要司法權(quán)介入發(fā)揮強(qiáng)制作用以恢復(fù)秩序。公司也不能再一味追求自由而不視其他,公司自由如同自然人的意思自由一樣,都要受到民法上權(quán)利不得濫用原則的限制。本文主要探討公司自治的基本理論基礎(chǔ)以及司法介入發(fā)揮的作用,并在兩者互相影響間找到平衡點,最終找出司法介入公司自治的限度與規(guī)則。本文共分五章,各部分主要內(nèi)容如下: 第一部分:公司自治的基本概念與理論基礎(chǔ)。本章主要探討了公司自治的含義與公司自治的基本理論淵源。 第二部分:司法介入的正當(dāng)性。本章主要分析了司法權(quán)作為公權(quán)力介入公司自治的正當(dāng)性與理論根據(jù)。通過對司法介入的正當(dāng)性分析,揭示了司法權(quán)介入的重要性與必要性。 第三部分,司法權(quán)介入公司自治的基本類型,本章主要介紹了實際經(jīng)濟(jì)發(fā)展過程中司法介入公司自治的類型。 第四部分:司法權(quán)介入公司自治的限度與規(guī)則。本章主要從原則與規(guī)則兩方面分析司法權(quán)介入公司自治的規(guī)范要求,揭示出司法干預(yù)公司自治的限度與范圍。 第五部分:我國公司自治與司法介入的發(fā)展與現(xiàn)狀,本章主要回顧了我國公司法關(guān)于公司自治以及司法介入的發(fā)展歷程和現(xiàn)狀,通過理論回到實際,為完善我國公司體制建設(shè)提出建設(shè)性意見與建議。
[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.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D922.291.91
本文編號：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.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D922.291.91
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 王楊;司法介入公司治理的邊界研究[D];安徽大學(xué);2013年
，本文編號：2263518
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