现代公司法存在两种完全不同的理念体系。以传统私法为基础、以股东本位为特征的公司法理念体系,正在面临以社会公共利益为基点、以社会本位为核心价值体系的解构与重塑。面对个人与社会、传统与现代二元对立的理念共存状况,我们必须在这些相互冲突的理念之间做出总体性的价值衡量,实现公司法理念体系的自恰进而完成对公司实务的有效指导。 There are two completely different concepts in modern company law. The concept of corporate law, which is based on the traditional private law and characterized by the stockholder’s standard, is facing the deconstruction and remodeling of the core value system based on social and public interests. Facing the coexistence of concept of duality between the individual and the society and between tradition and modernity, we must make an overall measure of value between these conflicting concepts and realize the self-consistency of corporate philosophy and thus the effectiveness of the corporate practice guide.