The increasing diversification and differentiation of the development of companies in practice,and China's current statutory classification of companies result in many incongruities.The traditional company's"dichotomy"faces problems such as fuzzy boundary standards,deviation from legislative intent,misplaced normative structure,conflicting legal application,rigid classification rules,and disjointed practical needs,etc.,and it has greatly constrained the development and innovation of China's corporate entities.Therefore,it is necessary to re-engineer the types of corporate organizational forms in China from the following two aspects:First,it follows the established concepts and framework system of limited companies and joint-stock companies,and restructures their categorization criteria to substantively differentiate companies into two major categories,namely,public and closed,in response to the fundamental differences between the two types of companies in terms of market transparency,regulatory requirements;Secondly,for the limited company of closed substance,and in further consideration of practical needs,we need to combine with the key elements of the limited company to form a more detailed classification in order to achieve the precise configuration of the system and organization.
关键词
《新公司法》/公司组织形态/公司二分法/公众公司/封闭公司
Key words
new Company Law/organizational form of company/corporate dichotomy/public company/closed company
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