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自《公司法》实施以来,在推动国企改革和建立现代企业制度方面发挥了许多重要作用。但从多年的实践来看,《公司法》也存在其过渡性和时代局限性的缺陷,部分条文设计不够合理,不能与目前经济发展的要求相适应。随着我国市场经济的发展,重新对《公司法》进行修改应列入立法机关的议事日程。本文从我国公司法理念的现代化、投资与交易安全、司法介入以及公司法与其他规章的协调等方面提出不算成熟的几点粗略思考,期望有所裨益。
Since the implementation of the Company Law, it has played a number of important roles in promoting state-owned enterprise reform and establishing a modern enterprise system. However, from many years of practice, the “Company Law” also has its defects of transitionality and the limitations of the times. Some of the provisions are not designed properly and can not be adapted to the current requirements of economic development. With the development of the market economy in our country, revising the “Company Law” should be included in the agenda of the legislature. This article puts forward some rough ideas and expectation from some aspects such as the modernization of corporate law in our country, the safety of investment and transaction, judicial intervention, and the coordination of company law and other regulations.