个人抑或社会本位立法?——有限合伙及创业投资法抉择探索

Personal or social standard legislation ?——Probe into the choice between the limited partnership and the undertaking and Investment law

为改善我国创业投资发展的法律环境,在立法上似可借鉴国外法律,承认有限合伙。有限合伙多被认为是创业投资的最佳组织模式。然适用于创业投资企业的有限合伙,与普通民商事主体的有限合伙在制度、规范、要求上差异很大,其本位取向不尽相同。

The limited partnership is regarded as the best organization model of undertaking and investment. In order to improve the legal environment of undertaking and investment, reference to foreign law and acknowledgement of limited partnership in legislation is on the agenda. But the limited partnership which is applied to undertaking and investment enterprise , and which belongs to civil and commercial subject is different in the respect of system and norm. And whether it is necessary or not that the subject of market law of limited partnership should be formulated remains to be discussed. The authors suggest that a special undertaking and investment law can be formulated.