投票权价购因其在政治领域中背负的恶名,在公司法语境下也面临着种种的非难和质疑。然而,不分情境地认定投票权价购无效,不仅不合理地限制了民商事主体进行合理创新的空间,更因为其他具有相同法效果的交易的合法性而显得自相矛盾。支撑禁止投票权价购的法律规范的公共政策诸如公平、效率、不可转让等均存在值得反思和检讨之处。从无正当且充分理由不得主张限制民事主体自由的实体论证规则出发,不具有欺诈等损害公司、股东利益的投票权价购行为应当具有合法性。 Voting rights because of their reputation in the political arena, in the French company also faces a variety of non-difficult and questioned. However, regardless of the situation, it is found that the invalid purchase price of the voting right not only unreasonably limits the space for rational innovation of civil and commercial entities, but also contradicts the legitimacy of other transactions with the same legal effect. Public policies that support the legal norms prohibiting the purchase of voting rights are worthy of reflection and review, such as fairness, efficiency and non-negotiability. Starting from the fact that there is no valid and sufficient reason to advocate the substantive argument that limits the freedom of the civil subject, there should be no legal basis for the fact that there is no cheat and other voting price purchase that damages the interests of the company and the shareholders.