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公司是我国主要的企业法律形态。1993年通过的现行《公司法》,目前暴露不少缺陷。主要是原则性强、操作性差、法律漏洞多,难以很好的保护中小股东利益,严重制约上市公司运行效率。 现行《公司法》不仅带有计划经济体制的印痕,而且与一些相关法律如《证券法》存在冲突。它既给国有独资公司,以及国有企业改建公司很多的优惠,又在股票发行中采取有悖于“同股同价、同股同权、同股同利”的原则。它对上市公司存在的股权结构不合理、国有股一股独
The company is the main corporate legal form in our country. The current “Company Law” passed in 1993 exposes many flaws. Mainly the principle of strong, poor operability, many loopholes in the law, it is difficult to well protect the interests of minority shareholders, seriously restricting the efficiency of listed companies. The current “Company Law” not only contains the imprint of the planned economic system, but also conflicts with some relevant laws such as the “Securities Law.” It not only gives the state-owned sole proprietorship companies and state-owned enterprises a lot of concessions for rebuilding the company, but also violates the principle of “same share price, same share same rights, same stock dividend” in the stock issuance. It has unreasonable ownership structure of listed companies, state-owned shares alone