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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2015, Vol. 10 Issue (1) : 100-122    https://doi.org/10.3868/s050-004-015-0007-6
research-article
THE LEGAL REGULATION ON BOARD SIZE IN CHINA: RETROSPECTION AND ANALYSIS
LI Jianwei1(),LI Kai2()
1. Institute of Commercial Law Research, China University of Political Science and Law, Beijing 100088, China
2. School of Civil, Commercial and Economic Laws, China University of Political Science and Law, Beijing 100088, China
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Abstract

The issue of the board size includes sub-issues such as the number of directors and the structure of the board. Most management scholars believe that the number of directors, the proportion of different types of directors, and the power distribution between the board and managers, are important factors affecting the cost and performance of the board. The board size is also an interesting legal issue because it is subject to the company law. The existing Company Law of the People’s Republic of China sets upper and lower limits both on joint stock companies and limited companies. Such a strict legislative model is unique in the world. According to classical political theory, the recognition of free people is the most fundamental origin of the legitimacy of law. Therefore, the companies themselves are supposed to discover corporate governance pattern themselves. Is it necessary for legislators to set a limit on the number of directors? If so, should such limit be or permissive? What are the theoretical basis, the purpose, and the real effects of such a norm? This article attempts to answer the questions raised above.

Issue Date: 23 March 2015
 Cite this article:   
LI Jianwei,LI Kai. THE LEGAL REGULATION ON BOARD SIZE IN CHINA: RETROSPECTION AND ANALYSIS[J]. Front. Law China, 2015, 10(1): 100-122.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-004-015-0007-6
https://academic.hep.com.cn/flc/EN/Y2015/V10/I1/100
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