公司法上的设立行为有其特有的涵义和价值。设立行为即制定章程。设立行为的完成,意味着公司章程的产生、生效和设立中公司的创设。设立行为的瑕疵构成了公司设立无效或可撤销的主要事由。我国《公司法》应该完善对章程制定、设立中的公司的地位和公司设立瑕疵的规制。 The establishment of company law has its own specific meaning and value. Establish behavior is to develop the charter. The completion of the establishment of the act means that the establishment of the articles of association, the entry into force and the establishment of the establishment of the company. The flaws in the conduct of the act constituted the main cause for the establishment of an invalid or revocable corporation. The “Company Law” in our country should improve the regulation of the constitution, the establishment of the company and the establishment of defects of the company.