公司法修改需要重新审视的几个问题

Several Problems to be Re-examined in the Company Law Revising

本文对公司的个性、资本信用及治理结构进行审视,提出如下观点:公司具有财产所有权;股东权与公司 财产所有权相互制衡;股权分散化不是公司的必然要求;公司是打上“契约”与“代理”烙印的商主体;我国立法应 根据各类公司的不同性质来完善公司的资本信用和治理结构。

This paper gives a further analysis of the characteristics and the capital credit and the administering structure of company.It is beleived that the company has the right of the ownership to the property; there should be an interaction between the stockholders' right and the right of the ownership to the company' s property; the nature of the company doesn't lie in the distribution of the stockholders' right;the company has the commercial feature impressed by the contract and the agency deeply.It is suggested that we should rebuild and perfect the capital credit and the administering structure according to the different character of various types of company in our country.