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在对我国的企业立法、公司立法,尤其是全民所有制企业立法的法学探讨中,常常会遇到这样三个非常近似的概念:独资企业、一人公司和国有企业.从传统立法和外国先例中寻求经典依据的论证似乎也难避开对这几个概念的使用.然而学者们的论述,尽管不乏对它们精确的注释,但也却有望文生义的理解和简单轻率的引用.这不仅无助于问题的澄清,反使甚为可取的结论由于论据的暇疵而令人置疑.正基于此,本文试图通过对上述几个概念的辩析为更深的理论探讨尽以微力.
There are often three very similar concepts encountered in the legal study of our country’s corporate legislation, corporate legislation, and especially the legislation on state-owned enterprises: sole-proprietorship, one-man companies and state-owned enterprises, seeking from the traditional legislation and foreign precedents The argument of classical evidence also seems to be hard to evade the use of these concepts.However, although there is no lack of accurate annotations on the part of scholars, it is still expected to be censored and simple and cautious, which not only does not help the problem The conclusion that it is highly desirable to turn it into question is doubtful due to the flaws in the argument.On the basis of this, this article tries to make a fussy exploration of deeper theories through the analysis of the above concepts.