Hinese and Comparative Company Law (Company Constitution)

1. Do you think the constitutional documents in common law country and in China of a company should be seen as a contract between the company and the directors? Your reasons for common law country and China?
2. Can the constitution of a company incorporated in PRC be viewed as a contract? Why? Why not? Please use relevant cases to support your argument
3. Why is it necessary to determine the legal nature of the constitution of a company incorporated in China. Please use relevant cases to support your argument