중국법상 국유기업의 회사화와 주식회사의 설립

• 영문명: Converting State-Owned Enterprises into Companies in Chinese Company Law.
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정용상
• 간행물 정보: 『비교사법』비교사법 제10권 3호, 385~412쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

From 1978, China took a great turn to adopt a reformative and open-door policy. Numerous laws and regulations also have been adopted to encourage foreign investments and domestic economic reforms backed up by unflagging economic development since the declaration of introduction of a market economy in October 1992. The Company Law of the Peoples Republic of China enacted in December 1993 prescribes only the form of a limited liability company and a joint stock limited company in order to incorporate the pre-existing stated-owned enterprises. The purpose of converting State-owned enterprises into companies is to establish modern company system under which clear-cut lines of property ownership and rights and liabilities, independent relationship between government and companies and scientific control of companies can be guaranteed. That is, companies are to improve the constitution of management by separating the ownership of companies and management there of to be an independent entity in market. The key to tackle this task is the reorganization of management structure of companies. Although the legislation of Company Law was made for the purpose of converting State-owned enterprises into companies at the outset, China currently witnesses that a considerable number of State-owned enterprises adopted company system. Besides the current changed environment, there is also a growing demand that the Company Law should playa role to establish wholly private companies. Thus, it appears that the provisions governing the conversion of State-owned enterprises into companies become less useful. It is suggested that China should shift the gear toward supplementing the existing Company Law to facilitate the establishment of wholly private companies. The procedure of establishing companies in China is very strict and complicated. The. procedures are, to a large extent, similar to those in Korea, but taking into consideration the fact that China does not recognize one man company system, more advanced legislation is still required.

목차

1. 머리말

2. 국유기업의 회사화

3. 주식회사의 설립

4. 맺는말

참고문헌

ABSTRACT