经济法价值在公司法中的体现

Embodiment of the Value of the Economic Law in the Company Law

近年来,公司法开始由重视个体利益的规范效率向重视社会整体利益的制度效率转轨,经济法价值在公司法中得到了充分体现:制定公司法的目的除为了规范公司的组织和行为外,还要保护公司、股东和债权人的合法权益,维护社会经济秩序;公司法所规定的法人治理结构是实现公司运营效率的保证,它的完善在一定意义上就是社会效率的彰显;公司法中最为典型地体现经济法中社会效率的制度是公司法人人格否认制度;公司法中还存在着经济法的另外一个价值即维护社会公平与实质正义的规定。

In recent years, the value of the economic law has been embodied in the company law to the full with the entire interests of society valued. Besides standardizing the organization and action of the company, the object of drawing up the company law is to protect the lawful rights and interests of the company, shareholders and creditors, and to maintain social stability. The corporate governance stipulated in the company law is a guarantee for the effi- ciency of the company＇s operation, and its improvement serves as the social effect tO some extent. The personality denial system and the provision stipulated in the company law on upholding social equity and justice are the expression of the value of the economic law. The objective of the company should be both to pursue maximum profit and to make social effect.