공개회사법의 입법추진을 둘러싼 일본의 최근동향에 관한 고찰

Abstract

The public companies play an important role in the healthy development of the national economy, and legislation maintenance around public companies is an important problem. It was a questionable point for the rule of new company law enforced in 2006 in the direct opportunity when the discussion of the public company law in Japan gained power. You must start system maintenance about the company which is the most important organization in the modern society while making much of a principle of the market law that took a capital market into consideration to improve such situation, and it is the idea of the exhibition company law that is necessary here, and, toward the concrete realization of such contents, a discussion about the legislation of the exhibition company law is performed. I overcome a traditional company law theory all discussions begin with a stockholder as for the idea of the public company law, and to be over with a stockholder and relate to a system to utilize a capital market mainly on the concept of the stockholder as an investor united with a capital market overall Co., Ltd. and can say model consciousness based on European and American experience when it is the concept that sublimated. When thought from such a meaning; of a feeling of confidence, in a word, must overcome lack of experience by power of a theory and the study, and to be able to overcome the significance of a public company law model for Japan again even if express it, it may be said. In other words if it can make use of experience and the ability that it learned a European and American law from more than 100 years, I absorb the invisible European and American model consciousness theoretically, and the construction of the Japan version exhibition company law model is enabled, and it is a thing to be able to contribute to development of the system of the Asian region not to mention that deferred, freezing can point out a model and a defect of the European and American system that it should have been it. I should be able to expect a positive role to be able to adjust the interest of all parties intersted reasonably while checking the principle of excessive stockholder supremacy without stopping in a regulation legal level for the purpose of the protection of the investor including the stockholder under public companies legislation. In addition, if public company law is established, I can support the public regulation that there is in the various fields at the level of the company law, and it can follow that I raise general ability of the company society generally. The discussion about the legislation of such a public company law will give many suggestions point for not only the Japanese company society but also the company society of each Asian country including our country.