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随着国际竞争的加剧,人们对规范公司的法律制度提出越来越高的效率要求,对《公司法》效率问题的研究成为一种迫切的现实需要。理论上,法律的效率标准尚无定论,但公司法规则作为有效率的公司实践的一个总结,其效率标准为法经济学家所呼吁。实践中,许多国家接受了效率的标准,并通过公司法的修订来适应其效率要求。相比之下,我国《公司法》的效率标准有待提高,笔者建议《公司法》确立效率的价值标准,在公司法的修订频率、实施机制以及具体规则的激励方面进行改进,以适应其效率要求。
With the intensification of international competition, people have put forward higher and higher efficiency requirements for regulating the legal system of the company. Research on the efficiency of “company law” has become an urgent and realistic need. In theory, the legal efficiency standards are inconclusive, but corporate law rules are a summary of efficient corporate practices, and their efficiency standards call for legal economists. In practice, many countries have accepted the standard of efficiency and adapted their efficiency requirements through amendments to company law. In contrast, the efficiency standard of the “Company Law” in our country needs to be improved. The author suggests that the “Company Law” establish the value standard of efficiency, and improve it in terms of the revision frequency of corporate law, the implementation mechanism and the incentive of specific rules so as to adapt to its efficiency Claim.