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时代的不断发展,市场经济领域的环境也发生了变化,传统的公司自治已经不能满足未来发展的需要。如今的公司自治包含了公司与国家和股东之间的协调关系,更包含了二者与社会大众之间的利益和关系。《公司法》的成立就是为了更好的维护三者之间的平衡,既是对公司自治的严格约束,更是对股东合法权益的维护及行为的管束。以下针对《公司法》中股东与公司自治进行了分析和讨论。
With the continuous development of the times, the environment in the market economy has also changed. The traditional corporate autonomy can no longer meet the needs of future development. Today’s corporate autonomy includes the coordination of the company with the state and the shareholders, but also the interests and relationships between the two and the general public. The establishment of the “Company Law” is to better safeguard the balance among the three parties. It is not only a strict constraint on the autonomy of the company, but also the maintenance of the legitimate rights and interests of the shareholders and the control over the behaviors. The following for the “Company Law” in the shareholders and corporate autonomy were analyzed and discussed.