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(一) 所有权约束是指在现代股份公司所有权与经营权分离基础上股东以其最终所有者身份对公司法人及经营者行为的监控与制衡. 所有权与经营权分离是现代股份公司的基本特征.这种分离使投资者退出直接生产经营领域而以持股形式成为公司的最终所有者;企业则成为独立的公司法人,拥有法人财产权及经营自主权。这就克服了早期自然人企业制度里所有权与经营权统一带来的弊端,使企业在独立公司法人治理下能够连续稳定运作.但另一方面.因法理上所有权高
(1) Ownership restriction means that on the basis of the separation of ownership and management rights of modern stock companies, shareholders control and balance the behavior of corporate legal persons and managers with their ultimate ownership. Separation of ownership and management rights is the basic feature of modern stock companies. This separation allows investors to withdraw from the direct production and operation areas and become the ultimate owner of the company in the form of shareholdings; the company then becomes an independent company legal person, with legal person property rights and operating autonomy. This overcomes the drawbacks brought about by the unification of ownership and management rights in the early natural person enterprise system, and enables the company to operate continuously and stably under the governance of an independent company. However, on the other hand, the legal ownership is high.