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公司作为市场经济的主体,是一种典型的企业法人。公司法的主要调整对象是公司,对现代经济社会的发展具有重要意义。公司法具有私法的性质,因此公司法主要以任意性规范为主体。在新的公司法中,增加了任意性规范的比重,结合强行性规范,在促进私法自治原则的同时,最大限度的保障参与各方的合法权益。本文将针对我国公司法中任意性规范的现状及适用范围进行简单分析。
As the main body of the market economy, the company is a typical enterprise legal person. The main object of corporate law regulation is the company, which is of great significance to the development of modern economy and society. The company law has the nature of private law, so the company law mainly takes the arbitrary norms as the main body. In the new company law, the proportion of arbitrary norms has been increased, and in combination with the mandatory norms, the principle of autonomy in private law has been promoted, while the lawful rights and interests of all parties involved have been protected to the maximum extent. This article will make a simple analysis of the status quo and scope of arbitrariness in our company law.