Arguably,one way of solving such problems as asymmetry information,unfair transaction and external negative effects in the field of the Company Law where the objective existence of market failure suggests the necessit...Arguably,one way of solving such problems as asymmetry information,unfair transaction and external negative effects in the field of the Company Law where the objective existence of market failure suggests the necessity for government intervention in it,is to provide peremptory norms for them. However,peremptory norms of the Company Law cannot be ubiquitous as market failure also exists in the process of the government's intervention in the market economy. Therefore,legislative configuration of the Company Law through peremptory norms shall have both boundaries and standards. Whether this could better solve problems than market regulation becomes its standard. With the improvement of the market economy in China,Company Law of the PRC shall gradually reduce peremptory norms of the government's intervention in the market.展开更多
基金one phase of the National Social Science Foundation Project(13BFX097),entitled"Study on Distinguish Theory and Legislation of State Owned Enterprises"
文摘Arguably,one way of solving such problems as asymmetry information,unfair transaction and external negative effects in the field of the Company Law where the objective existence of market failure suggests the necessity for government intervention in it,is to provide peremptory norms for them. However,peremptory norms of the Company Law cannot be ubiquitous as market failure also exists in the process of the government's intervention in the market economy. Therefore,legislative configuration of the Company Law through peremptory norms shall have both boundaries and standards. Whether this could better solve problems than market regulation becomes its standard. With the improvement of the market economy in China,Company Law of the PRC shall gradually reduce peremptory norms of the government's intervention in the market.
