One Useful Attempt of Limited Judicial Intervention in Corporate Autonomy—The Judicial Interpretation of the Company Law (IV)

Abstract

An old judge who specializes in cases involving the Company Law once said: “A company law case is a fight between insiders. “This touches the essence of company disputes. Companies are virtual entities that create social wealth. In this regard, the Company Law is first a law of organization and then a commercial law. Its chief goal is the transparent and standardized corporate governance structure, and the foundation is the relationship between shareholders and the company. From the perspective of a commercial law, the goal is a company's pursuit of profits and return on capital, and the foundation is the efficiency and security of transactions. Different from the principles of fairness, integrity and equivalence in the Civil Law and the Contract Law, the Company Law distributes rights and interests within a company, provides guidance and evaluation, conducts judicial intervention in the operation of the company's organization, corrects the interest relationship between shareholders as well as shareholders and their companies, and takes more considerations into account.