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随着我国社会主义市场经济的不断发展和完善,毫无疑问,公司已经成为了最重要的市场主体。人们通过各种渠道将自己的财富投入公司,使公司能够拥有充足的运营资本。公司的融资主要通过发行股票和发行公司债券二种方式实现的。由于持有公司股票的股东和持有公司债券的债权人的参与公司管理和运营的程度不同,他们在公司中享有不同的法律地位。作为公司债权人,他们对公司经营状况知之甚少,且随着控股股东滥用其股东权利行为的泛滥,公司债权人的利益经常受到不合理的侵犯。所以保护公司债权人利益成为现代公司研究的重要课题。本文将以公司人格否认制度为视角来探求更为科学合理的维护公司股东和债权人的利益的方式。
With the continuous development and improvement of our socialist market economy, there is no doubt that the company has become the most important market player. People invest their wealth into the company through various channels, enabling the company to have sufficient working capital. The company’s financing is mainly achieved by issuing shares and issuing corporate bonds in two ways. They have different legal positions in the company due to the different degrees of management and operation of the participating companies that hold the shares of the company and the creditors holding the corporate bonds. As corporate creditors, they know little about the state of the company’s operations and the interests of corporate creditors are often infringed unreasonably as the controlling shareholders abuse their shareholders’ rights. Therefore, the protection of the interests of corporate creditors become an important issue for the study of modern companies. In this paper, the disregard of corporate personality as a perspective to explore more scientific and rational ways to protect the interests of corporate shareholders and creditors.