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近年来因未成年人担任企业股东的新闻不但引起了社会各界的广泛关注,而且就未成年人是否具有担任企业股东资格的问题在学界也引发了很大的争议,各方意见不一,莫衷一是。而我们梳理现有的学界对这一问题的智力成果时,我们不难发现目前对这一问题的讨论,已经偏离了问题本身,甚至与一些商法学基本概念和原则发生了背离。本文通过将这一问题回归到商法学的基本概念和原则的框架下,对该问题的争论进行梳理,从规范主义的立场上给予这一问题回应。
The news that juveniles have served as corporate shareholders in recent years has aroused widespread concern in various sectors of the society. In addition, the issue of whether minors hold the status of corporate shareholders has also caused much controversy in academia. The opinions of different parties are mixed . When we sort out the existing intellectual achievements of the academic community on this issue, we can easily find that the current discussion on this issue has deviated from the issue itself and even departed from some basic concepts and principles of commercial law. By returning this question to the basic concepts and principles of business law, the thesis sorts out the controversy on this issue and gives it a response from the normative standpoint.