The issue of corporate ownership is a fundamental issue facing both corporate law and corporate governance,and the function orientation of shareholders is also the logical starting point for the reconstruction of shareholder governance.In jurisdictions where the theory of legal person theory is dominant,the issue of corporate ownership is represented by the separation of ownership and control.This concept is also held up as a standard in jurisdictions where the reality theory of the legal person is prevalent.As shareholders lose their ownership of the company,the statement of the separation of the two rights gradually loses its rationality.The shareholders are not the owners of the company,nor are they the natural residual claimants of the company.The owner of the company is the company itself,and the shareholders are actually the agents of the company,and they are in the same agency position as the directors.The traditional governance function of shareholders has gradually evolved into the agent function.The revised Company Law of China of 2023 has made substantial changes to corporate governance and expanded the space for director governance,but at the same time,it has not reduced the importance of shareholder governance.In China's future corporate governance,a governance model that integrates corporate egoism and stakeholder theory should be adopted.
NETL
NSTL
万方数据
