literature Mainland China English summary

Institutional Function and Corrected Positioning of the Company Legal Representative

论公司法定代表人的制度功能与定位修正

Explains legal representative doctrine through the meaning of representation and the choice of representative, emphasizing an agency-based understanding.

Brief English Introduction

This reading separates two questions that are often conflated: how representative acts work, and how the representative is selected. It argues that representative conduct should be understood through agency rules, while the “legal representative” label should be analyzed through both its statutory and representative elements.

Use It For

Use it to help students read the cases as disputes over authority and attribution, not only over registration.

Teaching Notes

Ask students whether registration creates authority, evidences authority, or merely publicizes authority already created internally.