Abstract
The company has gone through the development of the system from the very beginning of the "shareholders will centricism" to "center board of directors", as the economy and the development of a significant outbreak of the "revolution manager," the manager will push the company's core Location manager in the corporate governance structure is playing an increasingly important role. At the same time, managers also had the right to expansion of the company, as well as damage the interests of shareholders. Company managers, as well as the legal status of the manager's power to define the scope of confusion, the board of directors and managers of unknown authority, supervision from the board of supervisors, are the root causes of these problems, it is essential to the company manager of the authority, the board of directors and board of supervisors and managers of the relationship between the , To prevent the operation of the company in the process of expanding the power of the phenomenon occurred so that the interests of the company and shareholders to protect the interests of the corresponding. This article from the States to study the relevant managers and managers the right to start with the law, the company's manager of the right content, evolution, our manager right against the expansion of its in-depth and detailed analysis. China and the manager of the perfect right to put forward some proposals of their own and thinking.
This article is divided into six parts. This article first part of the introduction. The second part, introduced the manager of the company the right to basic theory, including the different legal systems on the connotation of the right manager explained that the managers of the right to stage the evolution of trends and development, manager of the right economic, legal analysis and put forward their own. The third part, from the existing legal provisions and practice of the two companies analyzed our manager's right to exist and harm, including the right to the statutory manager too broad, manager of the existence of rights conflict with the board of directors, supervisors lack of knowledge and ability to supervise and so on Area. The fourth part of our analysis of company managers the right to the existence of the cause of the problem, mainly in the traditional sense, the objective of financial considerations, and so on. Part V of the right to put forward a sound manager of the company's responses are clear and the board of directors within the jurisdiction of the managers and improve the qualifications of supervisors to strengthen internal oversight, and other specific measures. The sixth part of the conclusion.