谈法定代表权滥用

On the Abuse of the Right of Legal Representative

在出现了大量因代表权人侵犯企业和股东利益的案件时,人们要求严惩代表权人的呼声日益高涨。但解决问题的根本方法是确立委托——代表制度,以维护委托代表权人的利益,防范其道德风险。

In the face of many cases that the representative harmed the interests of corporation and shareholders happened, many people insist that the representative should be strictly punished. In this paper, the author supposes that the basic solution is to build the system of principal and representative for protecting the interests of representative to avoid the so-called moral hazard.