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效率原则作为最重要价值追求之一已普遍为现代商法所接受。公司法将股东与公司利益的保护也当仁不让地放在首当其冲的地位。随着人类社会的不断发展,人类与环境的矛盾日益加剧,社会主体对于社会责任尤其是公益责任的承担越来越成为人类的共识,公司这种主体也当然不能例外。然而,私法领域中的公司法在对待股东利益及社会利益的态度上与社会的发展并不协调。本文在对公司本质分析的基础上探讨更能承担社会责任的公司治理模式及更科学完善的公司制度设计。
The principle of efficiency as one of the most important values pursued has generally been accepted by modern commercial law. Company Law also protects the interests of shareholders and corporations alike. With the continuous development of human society, the contradiction between human beings and the environment has been aggravated day by day, and the assumption of social responsibility, especially the responsibility of public welfare, has become the consensus of mankind more and more. Of course, the subject of the company can not be an exception. However, the corporate law in the field of private law is not in harmony with the development of society in the attitude of dealing with the interests of shareholders and social interests. Based on the analysis of the essence of the company, this article explores the corporate governance model that is more responsible for social responsibility and a more scientific and complete corporate system design.