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我国“公司法”酝酿多年而迟迟难以出台,应该说很大因素是由于在公司法的调整范围、公司法与已经出台的企业法的关系等一系列问题上,人们的认识存在不少分歧,在此笔者愿谈谈自已一些不成熟的看法: 一、公司制度的突出特点是投资主体多元化导致的所有权与经营权的分离以及随之而来的股东的有限责任。以股份制为基础的公司制度是随着近代资本主义商品经济的发展和社会化大生产的要求而在资本主义世界蓬勃发展起来的。由于商品经济竞争的巨大压力,导致各个分散资本集中起来的需求,也导致投资
The “Company Law” of our country has been brewing for many years and has been hard to come by. It should be said that a great factor is that there are many disagreements on the understanding of people due to a series of problems such as the scope of the Company Law Adjustment, the Company Law and the already existing Enterprise Law , I hereby would like to talk about some of my own unhealthy views: First, the salient features of the company system is the diversification of ownership led to the separation of ownership and the consequent shareholders’ limited liability. The company system based on the shareholding system flourished in the capitalist world with the development of modern capitalist commodity economy and the demand of socialized mass production. Due to the tremendous pressure of commodity economy competition, the demand for concentration of all diversified capitals also leads to investment