中国公司法律形态结构改革的走向

Abstract

Deeply influenced by the ideology of ownership and the special historical reasons of the reform of economic system, China has formed a dual-track enterprise classification model of economy and law and the corresponding enterprise legislation system. Although these laws and regulations have played an irreplaceable role in China's economic development, with the development of the Socialist market economy and the intensification of International Competition Among Enterprises, the shortcomings of the dual-track system of enterprise legislation are constantly exposed. From the development history of the enterprise form and the essence of the enterprise, the sole proprietorship and the partnership are essentially similar to the General Partnership and the Binghe Company in the Korean Commercial Code and the Japanese Company Code. Therefore, in the future, China can take the existing company law as a blueprint and transform individual businesses, sole proprietorships and partnerships into general partnership and joint ventures according to the different responsibilities of shareholders, on this basis, the enterprise legislation system of China is reconstructed, and the enterprises with different forms of organization are unified into the company law. The integration of the legal form of the enterprise is conducive to improving the international competitiveness of the enterprise and realizing the modernization of the company law.