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现代社会中,市场主体最主要的形式是公司,它的组织以及运作是否有效率,对于市场经济的发展来说最为关键。而市场主体设立以及运作的效率往往取决于市场的法治环境。1992年以来,我国的市场法治环境日趋完善,但是,依然面临着法律体系构建与市场经济发展之间外在与内在冲突。外在方面,法律体系尚未完善,跟不上市场经济的发展;内在方面,法律体系建构的价值追求与市场经济的基本要求往往不一致。在我国《公司法》立法过程中,这个问题依然清晰可见《公司法》。
In the modern society, the most important form of the market main body is the company. Its organization and operation are efficient and most crucial to the development of the market economy. The efficiency of the establishment and operation of market entities often depends on the market environment of the rule of law. Since 1992, the legal environment for the market in our country has been perfected. However, it still faces the external and internal conflicts between the legal system construction and the development of market economy. Externally, the legal system is not yet perfect and can not keep up with the development of the market economy. On the internal aspect, the value pursuit of the legal system construction is often inconsistent with the basic requirements of the market economy. In our country’s “Company Law” legislative process, this issue is still clearly visible “Company Law.”