我国公司立法采取何种体系,目前法学界正在讨论,立法上也存在着不同的意见和分歧。争论的焦点集中于无限公司的取与舍。一种相当有影响的观点认为,我国公司法应该排除无限公司形式。如有人提出我国公司立法应实行“一种责任制度——有限责任,两种公司形式——有限公司和股份公司。”笔者认为,公司是现代社会基本的企业组织形式,将我国公司法限定为“一种责任制度,两种公司形式”的格局未免失之偏狭。人类社会的责任制度的变迁,自远古至今已经历了从纯粹个人责任到团体成员责任,从人身责任到财 At present, what kind of system is adopted by our country’s corporate legislation? At present, the legal profession is discussing it. There are also different opinions and differences in legislation. The focus of the debate is on the take-or-give of unlimited companies. A rather influential view is that our company law should exclude the form of unlimited companies. If some people propose that our country’s company legislation should implement “a kind of responsibility system - limited liability, two forms of company - limited company and joint-stock company.” The author believes that the company is the basic form of enterprise organization in modern society, The pattern of “one kind of responsibility system and two forms of companies” is not missed. Since ancient times, the vicissitude of the responsibility system of human society has gone through from purely individual responsibility to the responsibility of group members. From personal responsibility to wealth management