公司承包问题因实践的需要而有加以研究的必要。本文通过对典型案例进行分析研究,认为公司承包并不必然会破坏公司的法人治理结构,公司承包合同并不是当然无效。相反,承认公司承包有法理依据和现实的可行性。关键是要对公司承包加以适当的法律规制。 The contracting problem of the company needs to be studied due to the need of practice. Through analyzing and analyzing typical cases, this paper argues that the contracting of a company does not necessarily destroy the corporate governance structure of a company. It is not inevitable that the contracting contract of the company is of course not valid. On the contrary, it recognizes the legal basis and realistic feasibility of the contracting of the company. The key is to contract the company to be the appropriate legal regulation.