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早期公司立法上盛行以“个人本位”主义,使人们认为公司仅仅是股东们共同出资,共同收益的组织体,追求股东们利益最大化就是公司的唯一目的,因此,公司的定义也往往被说是依法的以营利为目的的社会法人或企业法人。但随者公司日益成为社会经济力量中最基本的市场主体和最主要的经济力量,许多学者纷纷提出要对公司进行重新定位,重新认识股东的法律地位以及公司的社会责任等问题。我们必须保护公司的健康发展,公司应当最大限度地增进股东利益之外的所有社会利益。公司的社会责任更加强调的是对其他利益者的利益保护,以纠正立法上对股东们利益的过度保护,从而体现出法律的公平性,公司不仅是股东争取利润的工具,更应该成为为其他社会利益者服务的工具。
In the early stage of the legislation of the company, the concept of “individualism ” was used to make people think that the company is only the organization that the shareholders co-financed and shared income. To pursue the maximization of the interests of the shareholders is the sole purpose of the company. Therefore, the definition of the company is often It is said that it is a social legal person or corporate corporation for the purpose of making profits according to law. However, with the company becoming increasingly the most basic market body and the most important economic force in the social and economic power, many scholars have put forward the questions of repositioning the company, regaining the legal status of shareholders and corporate social responsibility. We must protect the healthy development of the company, the company should maximize the interests of all shareholders outside the community. The corporate social responsibility emphasizes the protection of the interests of other stakeholders to correct the excessive protection of the interests of shareholders in the legislation so as to reflect the fairness of the law. The company not only serves as a tool for shareholders to seek profits, but also serves as a platform for other Social Stakeholders Service Tools.