Characteristics of company law:
The company law embodies the combination of organizational management elements and property elements;
② Company law embodies the combination of organization law and behavior law;
③ The company law embodies the combination of mandatory norms and arbitrary norms;
(4) The company law embodies the combination of the will of the state and the will of the company and shareholders;
⑤ Company Law embodies the combination of substantive law and procedural law.
Basic principles of company law:
1, principle of legal operation. All business activities of the company must be carried out within the scope prescribed by law and have legitimacy, including business objects, business methods and business channels.
2. The principle of independent operation. The company enjoys the right to operate independently in its business activities. It is a legal entity with independent interests and personality, and has the right to make independent business decisions, determine business content and methods, and organize business activities without illegal interference from outside the company.
3. The principle of self-financing. The company is responsible for the economic consequences of its independent operation. That is, gain profits and be enjoyed by the company; If there is any loss, the company should also bear the responsibility.
4. Accept the principle of national macro-control according to law. As an individual, the company always operates in a macroeconomic environment, which is bound to be influenced by the state's macro-control, obey the overall economic policy of the state, and accept the macro-control measures adopted by the state according to law.
5. The principle of maintaining and increasing the value of assets. As the main body of market competition, the company should organize production and operation according to the basic laws of market economy and market demand, reduce costs, improve efficiency, improve labor efficiency and realize the preservation and appreciation of assets.
Companies mentioned in China's company law have their specific scope of application:
First, according to the principle of territoriality, it is a company established in China in accordance with the Company Law;
Secondly, the organizational form is limited to limited liability companies and joint stock limited companies, and the legislation does not stipulate the organizational form of other companies, so it is not allowed to be established in practice.