有限责任公司内部承包经营困境与完善路径

Difficulties and perfections of interior contractual management within limited-liability companies

研究认为,在有限责任公司内,承包经营非常普遍,而法律未认可其效力,导致其适用时缺乏法律依据,无法更好地发挥作用。公司需从明确内部承包合同效力、承包人经营权限、债务承担,采用公示制度和防范承包人道德风险等方面加以完善。

It's very common to see contractual management in limited-liability company. However,our law doesn't recognize its validity. Therefore,contractual management lacks of legal foundation when it is put into practice. Because of its development difficulties,it's hard for contractual management to work. We need to clarify interior contractual management's validity,contractor's management period and responsibilities for debts,adopt publicity system and avoid contractor's moral risk.