论股东有限责任制的价值追求

On Value Pursuit of Shareholders' Limited Liability

股东有限责任制以效率作为核心价值追求,不仅表现在股东有限责任制作为一项法律制度所内蕴的法律价值上,更重要的是通过其社会经济价值表现出来。股东有限责任制对效率的追求打破了原有企业制度的利益平衡,集中体现为对于债权人和中小股东的保护缺失。由于效率和公平同为公司法所追求,从而使二者的对立统一关系成为推动现代公司法发展的内在动力。

The core value pursuit of shareholders' limited liability is efficiency, which is indicated not only by the legal value that the shareholders' limited liability owns, but also by the social and economic value it has, and the latter is more important That the shareholders' limited liability pursues efficiency makes the company system lose its original balance of interests, which is mainly reflected by the inefficient protection of interests of creditors and minority shareholders Because both efficiency and justice are pursuits of company law, the harmonic and contradictious relation between them gives inherent strength for the development of modern company law