On July 23, Lawyer Song was invited to participate in the Shanghai Management Consulting Practice Forum, where he delivered an insightful presentation titled "Corporate Governance Tools—From the Perspective of Shareholder Disputes."
Lawyer Song shared the following perspectives:
The "inherent gaps" in corporate law legislation are intentional, as lawmakers aim to avoid paternalistic interference with the autonomy of the parties involved. This grants shareholders the space for "self-legislation" to resolve corporate governance deadlocks.
An effective corporate governance system must include the "three pillars": a robust information disclosure system, decision-making rules, and an exit mechanism.
Management is a concept rooted in the idea of an "ideal state," aimed at avoiding disorderly competition. However, it faces the challenge of balancing human desires for freedom with the need for constraints—a conflict between control and liberty.
The only solution to management issues is "less management." In the future, with the rise of information sharing, crowdfunding, and the decline of monopolies, we may move away from traditional corporate structures and return to "small workshop"-style organizations. Management will gradually diminish, replaced by the invisible hand of the market—internal marketization within companies, transforming labor relationships into contractual relationships such as agency agreements. This will shift the dynamic from an adversarial "boss-employee" relationship to one of equal market participants.