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1904年晚清政府制订的《公司律》是我国历史上首部公司法规,它的出台是近代中国经济、政治、文化发展的综合产物:近代中国经济结构的变化是其产生的根本动因,新式商人的期待是其产生的意识形态,公司实践是其产生的物质基础,西方先进公司的法规移植为其出台提供了立法范式。总之,在这些动因的促使下,中国历史上首部公司法——《公司律》就这样仓促地出台了。
The “Company Law” formulated by the late Qing government in late Qing Dynasty was the first company law in the history of our country. Its promulgation was an integrated product of economic, political and cultural development in modern China. The change of economic structure in modern China was the fundamental motive of its emergence. The expectation is the ideology that it produces. The practice of the company is the material foundation of its production. The transplantation of laws and regulations of the advanced western companies provides the legislative paradigm for its introduction. In short, driven by these motives, the first company law in Chinese history, the “corporate law,” was promulgated this way.