The value-leading function of entrepreneurship clause in the Company Law——Focusing on legal supervision of the company
Entrepreneurship serves as a critical stimulant to market vitality and a pivotal driver of social innovation.The entrepreneurship clause represents the legal articulation of the overall market system's plan,serving as a rational enhancement to the internal framework of the Company Law.The entrepreneurship clause is a legal expression for implementing China's market system strategy and also a rational value for filling the internal system of the Company Law.In the application of the new law,the value leading function of the entrepreneurship clause should be fully activated to avoid the risk of a new round of interest imbalance caused by the isolated application of legal regulatory norms,and to prevent the deviation of the practical purpose of the entrepreneurship clause.The entrepreneurship clause's embodiment of individualistic values necessitates that the Company Law promotes the decisive role of the market in resource allocation,with a strong emphasis on the autonomy of entrepreneurs as the linchpin of corporate governance.Guided by the individualistic value of entrepreneurship clauses,the following interpretations and applications of legal reg-ulatory norms for companies should be made:firstly,easing the legal compulsory supervision of directors,supervisors,senior executives,and dual controllers,and returning to corporate self-determination and market guidance.Secondly,follow the substantive examination standards for situations where the resolution is not established.Thirdly,establish more specific requirements review standards for the principle of prohibiting the abuse of shareholder rights,shifting from protecting vulnerable shareholders to protecting oppressed shareholders.
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