지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The corporate manager system can be part of most features in corporate governance of the Company Law of China. The Company Law of China, originally promulgated in 1993, defines the board of directors as a management function institution and the corporate manager as a permanent organization, considering the difficulty that the Board of Directors is not suitable for the daily management due to the limitation of council form. However, the manager system in China has a long history before the introduction to the Company Law in 1993.
Under the conventional enterprise system, the manager was effectively the chief executive of the governmental enterprise who is internally responsible for management and externally represents the company. While the Company Law was introduced by the Chinese government for the purpose of providing the legal foundation to transform governmental companies into modern corporate forms, the 1993 Company Law of China regulated the corporate manager, as a ‘Forth Institution’, a mandatory permanent institution in addition to framing separation of powers by specializing corporate governance into three essential institutions: a stockholders meeting is granted supreme authority, the board of directors has a management function and the committee of auditors has a supervisory function.
The corporate manager has authority to reach to both internal and external management activity. Within the authorized range, the corporate manager internally directs and guides the production and manages the administration, and publicly signs and executes contracts on the firm’s behalf with third party.
The 1993 the Company Law of China regulated installment of corporate manager as an institution of incorporated company or corporation, but the amended Company Law of 2005 expand the company’s autonomy with changing the corporate manager of an incorporated company to a voluntary institution and granting the limitation of the rights in the articles of Incorporation. Furthermore, the 2005 revision allows firms to choice legal representatives from the chairman of the board of directors or corporate manager in accordance with the articles of incorporation; the Company Law only allows this for the chairman of the board of directors.
Historically, the Company Law of China has a unique feature in the comparison with other foreign laws in the point that it preserves the traditional leadership structure while introducing modern corporate law system. However, the Company Law of China becomes to have some flexibility to the corporate manager system due to the 2005 revision. However, executive officer system has been introduced to Japan, the proposed amendment for the system has been progressed in Korea and American styled executive officer system has been widely implemented between the Chinese listed companies in the real business world. With these points, it is necessary to develop the corporate manager system more flexible to embrace the existing executive officer system in China through a more systematic study.
Under the conventional enterprise system, the manager was effectively the chief executive of the governmental enterprise who is internally responsible for management and externally represents the company. While the Company Law was introduced by the Chinese government for the purpose of providing the legal foundation to transform governmental companies into modern corporate forms, the 1993 Company Law of China regulated the corporate manager, as a ‘Forth Institution’, a mandatory permanent institution in addition to framing separation of powers by specializing corporate governance into three essential institutions: a stockholders meeting is granted supreme authority, the board of directors has a management function and the committee of auditors has a supervisory function.
The corporate manager has authority to reach to both internal and external management activity. Within the authorized range, the corporate manager internally directs and guides the production and manages the administration, and publicly signs and executes contracts on the firm’s behalf with third party.
The 1993 the Company Law of China regulated installment of corporate manager as an institution of incorporated company or corporation, but the amended Company Law of 2005 expand the company’s autonomy with changing the corporate manager of an incorporated company to a voluntary institution and granting the limitation of the rights in the articles of Incorporation. Furthermore, the 2005 revision allows firms to choice legal representatives from the chairman of the board of directors or corporate manager in accordance with the articles of incorporation; the Company Law only allows this for the chairman of the board of directors.
Historically, the Company Law of China has a unique feature in the comparison with other foreign laws in the point that it preserves the traditional leadership structure while introducing modern corporate law system. However, the Company Law of China becomes to have some flexibility to the corporate manager system due to the 2005 revision. However, executive officer system has been introduced to Japan, the proposed amendment for the system has been progressed in Korea and American styled executive officer system has been widely implemented between the Chinese listed companies in the real business world. With these points, it is necessary to develop the corporate manager system more flexible to embrace the existing executive officer system in China through a more systematic study.
목차
Ⅰ. 서론
Ⅱ. 중국 회사경리제도의 형성과 발전
Ⅲ. 중국회사법상 경리의 지위와 권한에 관한 검토
Ⅳ. 결론
참고문헌
Abstract
참고문헌 (30)
참고문헌 신청
함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
중국의 기업투자환경 변화에 따른 중국기업입법의 변화분석
외법논집
2007 .01
-
회사법상 이사회의 감독기능 강화에 관한 비교법적 검토(한국-일본) : 일본의 집행임원제 및 감사등위원회설치회사제도를 중심으로
법과기업연구
2014 .06
-
중국의 개정회사법에 관한 고찰
한양법학
2008 .10
-
일본의 중소기업법제
기업법연구
2007 .12
-
Association between Corporate Governance and Corporate Performance in Iran
유통과학연구
2013 .01
-
중국의 2005년 개정 회사법에 관한 검토 -제2장 유한책임회사의 설립과 조직기구를 중심으로-
외법논집
2006 .01
-
일본 기업의 집행임원제도에 관한 연구
기업법연구
2008 .03
-
한국의 기업지배구조와 기업범죄
비교형사법연구
2013 .01
-
기업지배구조의 획일화 : 집행임원제도의 도입의무화에 관한 상법개정안을 보고
기업법연구
2013 .06
-
중국 회사법상 1인회사 제도에 관한 소고
한양법학
2010 .08
-
집행임원제도 입법안에 대한 재검토
법과 정책연구
2008 .01
-
자기거래 대상과 그 유형의 확대에 대한 소고
일감법학
2012 .01
-
집행임원제도 : 법리 구성 및 입법적 검토를 중심으로
기업법연구
2007 .12
-
중국회사법상 회사의 기관구조
기업법연구
2003 .03
-
持株會社의 經營支配構造에 관한 改善方案
기업법연구
2013 .12
-
일본의 회사지배구조에 대한 연구
경영법률
2008 .01
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2013-360-000498777