公司制度流变考

The Evolution of the Corporation System

公司制度的基因隐含于罗马法的抽象人格,孕育于中世纪的行会特许经营权,初现于17—18世纪欧洲国家重商主义政策下海外贸易与殖民,形成并鼎盛于分权政体下的美国。我国现阶段运行的公司制度存在着国资委掌控下的特许公司制与民营领域自由公司制之间此消彼长的对立状态。公司制度的演变历程表明,公司制度是技术革新与政治分权两者融合后的结晶。公司制度的发展必然导致社会权力在私人领域的集中,只有公权力容许并学会与这种"私人政府"相处,公司制度才有自由生长的空间。

The corporation system＇s gene is hidden in the abstract personality in the roman law. The corporation system was pregnant with the franchise rights of the guild in the Middle Ages. It first presented in the oversea trade and colonization under the European country＇s mercantilism policy. It came into being and bloomed in the United States that adopts the division of power as its political system. In our country, current corporation system has the antithesis between the franchising corporation which run by the State Assets Administration Committee and the free corporation which run by the civil people. The evolution of the corporation system shows that it is the consequence of the fusion of the technology innovation and the division of political power. The development of the corporation system will leads to the concentration of the social power in the private areas. Only when the public power permits and learns to get along with this kind of private government, corporation system will have more space to grow up freely.