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随着脱钩改制任务的完成,中介机构组织形式问题逐渐成为中介行业的热点问题。笔者认为,这一问题,确实应该被作为当前“解放了的、自由了的”中介行业的一个重要课题来研究和探讨。因为,组织形式的确定和选择,直接关系到中介机构投资者的投资利益与执业风险,直接关系到中介机构的信誉机制,以及中介机构未来的发展规模和发展水平。而我国现行法律在中介机构组织形式的规范上,几乎可以说是个空白地带,甚至在对一般企业组织形式的设计和规范上,与其他国家相比,也是不完整和不完善的。就合伙形式而言,目前我国法律只规定了一种普通合伙,而且《合伙企业法》还没有将中介机构列入其调整范围,《民法通则》等有关法律中关于合伙方面的规定又很粗,其中不乏已过时条款。所以,如何设计和规范合伙制中介机构,应当成为我国中介行业以至法学界的当务之急。在此,笔者愿就这方面问题抛砖引玉,仅对普通合伙、有限合伙与有限责任合伙谈谈粗浅认识。
With the completion of the task of decoupling restructuring, the organizational form of intermediary agencies has gradually become a hot issue in the intermediary industry. The author believes that this issue should indeed be studied and discussed as an important issue in the current “liberated and free” intermediary industry. Because the determination and choice of organizational forms have a direct bearing on the investment interests and practicing risks of intermediary agencies, they directly affect the credibility mechanism of intermediaries and the future scale and level of development of intermediaries. However, the current law in our country can be said to be almost a blank area in the norms of the organizational form of intermediary agencies. Compared with other countries, the existing laws of our country are incomplete and imperfect even in the design and standardization of the general enterprise organizational form. As for the form of partnership, at present, our country's law only provides for a common partnership, and the “Partnership Enterprise Law” has not included the intermediary agencies in its adjustment scope. The relevant provisions of the “General Principles of Civil Law” and other relevant laws on the partnership are very crude , Many of them outdated terms. Therefore, how to design and regulate the partnership agency should become the most urgent task of our country's intermediary industry and law circle. Here, I would like to start a discussion on this issue, only general partners, limited partnerships and limited liability partnerships to talk about the superficial understanding.