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由于商事交易活动的复杂性以及商法的私法属性,日益强化商法之私法自治已成为一项时代要求,私法的理念是自治,体现到公司法上就是公司自治,公司作为个人基于个人意思自治而组成的契约和进行营利的工具,是重要的市场经济主体,市场机制的发挥需要公司享有充分的自由,而公司成为私法自治的主体是市场经济发展乃至建立现代企业制度的要求。本为拟在从公司自治的实质与含义以及公司自治的优势方面为切入点,意在对公司自治的原因予以探讨。
Due to the complexity of commercial transaction and the private law attribute of commercial law, it has become a requirement of the times to strengthen the private law autonomy of commercial law day by day. The concept of private law is autonomy. It embodies that company law is corporate autonomy, and the company is composed as an individual based on personal autonomy Contract and profit-making tool are important market economy subjects. The development of market mechanism requires the company to enjoy full freedom. However, the subject of the company becoming the subject of private law autonomy is the requirement of market economy development and even the establishment of modern enterprise system. This article intends to start from the substance and meaning of corporate autonomy and the advantages of corporate autonomy as an entry point, intended to explore the reasons for the autonomy of the company.