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独立人格的公司法人制度因只要求其股东承担有限责任而受到投资者的极力推崇,因此公司迅速成为社会经济生活中主要的商业主体,这给经济的发展带来极大的促进作用。但这项制度为社会带来利益的同时其弊端也悄然出现,一味强调公司股东有限责任会有可能在有些具体的实践中导致公司股东与公司债权人之间利益失衡,有违公平正义原则。所以本文试图探讨在确立公司股东有限责任制度的前提下,将股东的无限责任制度作为其有益的补充。
The corporate personality system of independent personality is greatly respected by investors because it only requires its shareholders to assume limited liability. Therefore, the company quickly becomes the main business entity in the social and economic life, which greatly contributes to the economic development. However, while this system brings benefits to society, its drawbacks also quietly appear. Emphasizing that the limited liability of the shareholders of a company may lead to the imbalance of interests between the shareholders of the company and the creditors of the company may violate the principle of fairness and justice in some specific practices. Therefore, this article attempts to explore the establishment of shareholders in the limited liability system under the premise of the shareholder unlimited liability system as its useful complement.