论文部分内容阅读
我国公司法第79条和证券法第10条200人规定是大量证券违法活动的直接产物,简单而又绝对,首要立法目的是便于识别和打击证券违法行为,同时具有划定公私募界限和确立非上市公众公司标准的目的,但因其制度设置与世界普遍做法不符,具有明显的局限性和消极性,应进行立法改造,完善公、私募和非上市公众公司制度。
Article 79 of the Company Law of the People’s Republic of China and Article 10 of the Securities Law stipulate that the 200-person regulation is the direct product of a large number of illegal securities activities. It is simple and absolute. The primary legislative purpose is to facilitate the identification and crackdown on illegal securities transactions. Unlisted public company standards. However, due to its obvious limitations and negativity, its institutional arrangement is inconsistent with the common practice in the world. It is necessary to reform the legislation and improve the public and private sector public and private companies.