论中国公司法中的司法介入与私法自治

Abstract

The autonomy of private law in corporate law is the expansion and extension of the theory of autonomy in the field of business, especially in the field of corporate law. The core content of private law autonomy is that the actor engaged in civil conduct can be carried out in accordance with its own meaning, without the intervention of external unnecessary factors. In the same way, corporate autonomy is also the case. However, as the corporate law of private law, its autonomy is not without boundary, as the most important and active part of the market subject - the company, its behavior should require the guidance and regulation of laws and regulations, so judicial intervention emerges as the times require. Because of this, judicature has provided a stronger guarantee for the development of the company, and the judiciary has made an outstanding contribution to better create the "business environment". But after all, the judicial intervention is one-sided, the law is not universal, and the legal means to solve the problems in the internal affairs of the company will sometimes appear to be difficult. In practice, there are many imbalances between the autonomy of company and the intervention of private law. Therefore, it is particularly important to consider the autonomy of private law and the involvement of judiciary.