literature Mainland China English summary

Systematic Interpretation for Reshaping the Legal Representative's Role

论法定代表人角色重塑的体系化解释——兼评公司法司法解释草案之完善

Argues for moving the legal representative from the myths of company boss and first-responsible person toward an agent and fault-based responsibility model.

Brief English Introduction

Liu argues that Chinese law should abandon two persistent myths: that the legal representative is automatically the company’s top boss and that the person is automatically the first bearer of corporate responsibility. The article links that role reconstruction to resignation, difficult registration changes, and the draft Company Law judicial interpretation.

Use It For

Use it as the bridge between the 2023 Company Law, legal representative removal cases, and the emerging judicial-interpretation debate.

Teaching Notes

Ask students whether “first responsible person” is a legal rule, an administrative habit, or a social expectation.