| 中国公司法嬗蜕的枢机：1929年《公司法》 |
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| 引用本文： | 赵克军.中国公司法嬗蜕的枢机：1929年《公司法》[J].合肥师范学院学报,2012(5):74-77,91. |
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| 作者姓名： | 赵克军 |
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| 作者单位： | 淮北师范大学法律系,安徽淮北,235000 |
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| 摘 要： | 1929年《公司法》采用社会本位立法原则,在保护公司法上复数权利主体的权利的同时,兼顾社会公共利益和安全;在彰显实体权利的同时,程序方面赋予公司股东等权利主体更多的救济手段。它确立了权利、义务和责任的边界,使商人追逐正当经济利益的同时,为对抗政府权力的干预和过度管控提供了法律理据。1929年《公司法》之所以成为中国公司法嬗蜕的重要枢机,不仅在其立法原则、立法目的和具体条文上得到反映,在对推动当时经济和社会发展所起的作用上亦不容小觑。
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| 关 键 词： | 1929《公司法》 枢机 文本分析 实践效果 |
The Helm of the Transmute of Chinese Company Act. the 1929 "Company Act" |
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| ZHAO Ke-jun.The Helm of the Transmute of Chinese Company Act. the 1929 "Company Act"[J].合肥师范学院学报,2012(5):74-77,91. |
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| Authors: | ZHAO Ke-jun |
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| Institution: | ZHAO Ke-jun(Faculty of Law,Huaibei Normal University,Huaibei 235000,China) |
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| Abstract: | The legislative principles of the "Company Act" approved in 1929 adopted social standard.The law both aimed at protecting rights of the complex subjects and social and public interests and security.Forms made under the 1929 Act introduced the term "Companies Court",referring to the High Court,Chancery Division,when exercising its jurisdiction for company law matters.It authorized the court in a compulsory winding up to direct the liquidator either to prosecute the offender himself or to refer the matter to the Director of Public Prosecutions.If it appeared to the liquidator in a voluntary winding up that any past or present director,manager or other officer of the company had been guilty of an offence in relation to the company for which he was criminally liable.It also required the liquidator to give the Director of Public Prosecutions information and access to documents in his possession or under his control.If the Director of Public Prosecutions decided not to bring proceedings against the offender,the liquidator could do so himself though only with the leave of the court.This was a safeguard against the company’s assets being wasted on frivolous or vexatious proceedings.It establishes the borders of the rights,obligations and responsibilities.It provides a legal rationale for the business people to chase a legitimate economic interest,against the authority of government intervention and excessive control.The 1929 Companies Act has become important a helm of transmutation for Chinese Company Law,which is not only reflected in its legislative principles,the legislative purpose and specific provisions,but also reflected in the role it would have played in promoting the economic and social development. |
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| Keywords: | 1929 "Companies Act" cardinal textual analysis practice effect |
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