有限责任制度研究
发布时间：2018-08-22 16:25
【摘要】：经济增长的源泉来自有效的制度安排,公司发展的关键在于设置合理的制度。由无限责任制度变迁为有限责任制度,是用一种效率更高的制度取代原有制度或对一种更有效制度的生产过程,是制度主体解决制度短缺,从而扩大制度供给以获得潜在收益的行为。 当今企业形态中,有限责任制公司占据主导地位。以有限责任界定企业形态,成为所有企业形态中最为核心的依据,深入对其研究,提高该制度运营绩效,对我国经济建设无疑具有重要的指导意义。 历史发展看,有限责任制度历经无基本原则→单一基本原则→单一基本原则分化的进程,形式从有限责任→有限责任制度→刺破公司的面纱→反向刺破公司面纱的发展表明,制度变迁和创新是一个连续不断的过程。本文明确划分了有限责任制度的发展阶段,梳理出古今中外有限责任制度沿革史的清晰脉络。 制度技术的沿袭上,社会主义国家的有限责任制度是从资本主义国家的该制度沿袭而来的,尤其与大陆法系各国的有限责任制度有同族关系。通过横向比较,将彼此对立但均有合理性的学说予以整合。将对有限责任制度的论述置于广阔的文化背景中,在古今的隧道中交融。揭示了三种制度模式的技术风格以及决定这种风格的社会条件,得出在制度构建中必须引进人的自由裁量因素才能使其免于僵化;而在避免僵化的同时又不能矫枉过正的结论。 方法论运用上,法律为“应然”的规范,经济学乃“实然”叙述。通过方法论创新,把有限责任制度看作经济领域、社会领域或政治交易领域中博弈过程中内生稳定的结果,通过理性分析而不是“工具论”得出最终结论。有限责任作为配置权利义务的有效手段,在每一制度安排的背后,都隐藏着立法者的基本政策考虑,这种政策考虑往往不能通过法律本身加以说明。运用法经济学的方法论证、破解这种本意,可以减少立法的盲目性、提高司法的可操作性和执法的自觉性。 意在构建公平、效率的制度体系。随着现代市场经济和高科技的发展,人类从事经济活动的风险越来越大,各类投资者都期望在经济活动中受到有限责任的
[Abstract]:The source of economic growth comes from effective institutional arrangements, and the key to the development of the company lies in the establishment of a reasonable system. The change from unlimited liability system to limited liability system is the production process of replacing the original system or a more effective system with a more efficient system, and the main body of the system solves the shortage of the system. The act of expanding the supply of institutions to obtain potential benefits. In the present enterprise form, the limited responsibility system company occupies the leading position. The definition of enterprise form with limited liability becomes the most core basis of all enterprise forms. It is undoubtedly of great significance for China's economic construction to study it in depth and improve the performance of the system. From the historical development point of view, the limited liability system has gone through the process of differentiation of no basic principle and single basic principle. The form of the limited liability system piercing the veil of the company and the development of the reverse piercing of the company veil shows that the form of the limited liability system is to break the veil of the company. Institutional change and innovation is a continuous process. This paper clearly divides the development stage of the limited liability system, combing out the history of the limited liability system. The limited liability system of socialist countries is inherited from that of capitalist countries, especially the limited liability system of civil law countries. Through horizontal comparison, the opposite but reasonable theories are integrated. The discussion of the limited liability system in the broad cultural background, in the ancient and modern tunnel blend. This paper reveals the technical styles of the three institutional models and the social conditions that determine them, and draws the conclusion that it is necessary to introduce the discretionary factors of human beings to avoid inflexibility in the process of system construction, and the conclusion can not be overcorrected while avoiding the fossilization. In the application of methodology, law is the norm of "ought to be" and economics is "realistic" narration. Through methodology innovation, the limited liability system is regarded as the result of endogenetic stability in the process of game in the field of economy, society or political transaction, and the final conclusion is drawn by rational analysis rather than "tool theory". Limited liability, as an effective means of allocating rights and obligations, hides the basic policy considerations of legislators behind each institutional arrangement, which is often not explained by the law itself. Using the method of law and economics to prove, to solve this kind of intention, can reduce the blindness of legislation, improve the maneuverability of judicature and the consciousness of law enforcement. The purpose is to build a fair and efficient system. With the development of modern market economy and high technology, the risks of human being engaging in economic activities are increasing. All kinds of investors expect to be subject to limited liability in economic activities
【学位授予单位】：西北大学
【学位级别】：博士
【学位授予年份】：2005
【分类号】：D922.29
本文编号：2197666
[Abstract]:The source of economic growth comes from effective institutional arrangements, and the key to the development of the company lies in the establishment of a reasonable system. The change from unlimited liability system to limited liability system is the production process of replacing the original system or a more effective system with a more efficient system, and the main body of the system solves the shortage of the system. The act of expanding the supply of institutions to obtain potential benefits. In the present enterprise form, the limited responsibility system company occupies the leading position. The definition of enterprise form with limited liability becomes the most core basis of all enterprise forms. It is undoubtedly of great significance for China's economic construction to study it in depth and improve the performance of the system. From the historical development point of view, the limited liability system has gone through the process of differentiation of no basic principle and single basic principle. The form of the limited liability system piercing the veil of the company and the development of the reverse piercing of the company veil shows that the form of the limited liability system is to break the veil of the company. Institutional change and innovation is a continuous process. This paper clearly divides the development stage of the limited liability system, combing out the history of the limited liability system. The limited liability system of socialist countries is inherited from that of capitalist countries, especially the limited liability system of civil law countries. Through horizontal comparison, the opposite but reasonable theories are integrated. The discussion of the limited liability system in the broad cultural background, in the ancient and modern tunnel blend. This paper reveals the technical styles of the three institutional models and the social conditions that determine them, and draws the conclusion that it is necessary to introduce the discretionary factors of human beings to avoid inflexibility in the process of system construction, and the conclusion can not be overcorrected while avoiding the fossilization. In the application of methodology, law is the norm of "ought to be" and economics is "realistic" narration. Through methodology innovation, the limited liability system is regarded as the result of endogenetic stability in the process of game in the field of economy, society or political transaction, and the final conclusion is drawn by rational analysis rather than "tool theory". Limited liability, as an effective means of allocating rights and obligations, hides the basic policy considerations of legislators behind each institutional arrangement, which is often not explained by the law itself. Using the method of law and economics to prove, to solve this kind of intention, can reduce the blindness of legislation, improve the maneuverability of judicature and the consciousness of law enforcement. The purpose is to build a fair and efficient system. With the development of modern market economy and high technology, the risks of human being engaging in economic activities are increasing. All kinds of investors expect to be subject to limited liability in economic activities
【学位授予单位】：西北大学
【学位级别】：博士
【学位授予年份】：2005
【分类号】：D922.29
【引证文献】
相关期刊论文 前1条
1 游文丽;张萱;;农村承包经营户的法律地位问题探究[J];北京化工大学学报(社会科学版);2013年02期
相关硕士学位论文 前5条
1 王志彬;金融控股公司加重责任制度研究[D];北京交通大学;2008年
2 赵瑞丹;试论我国金融控股公司加重责任制度的构建[D];西北大学;2009年
3 张耀华;有限责任制度的效应研究[D];湖南大学;2010年
4 李静;虚假出资股东对公司债权人的赔偿责任研究[D];安徽大学;2012年
5 陈丽;论股东潜在民事责任的承担[D];浙江师范大学;2012年
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