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随着我国股份制试行实践的发展,股份制的规范化问题显得日益突出。股份制的规范化包括形态规范化和运行规范化两个方面内容。形态规范化是指股份制的法律表现形态必须明确化、固定化,使其具体操作具有可供适用的常态模式;运行的规范化是指严格依照法律规定的股份制形态来规范企业的组织结构、管理活动、利益分配等内容,使股份制的应有功能得以发挥。在股份制规范化的进程上,形态规范化是运行规范化的前提。只有当法律形态既定的情况下,实践中的股份制企业才能依其常态模式的内容来规范自身的运行。在股份制法律形态尚未确定之时,股份制的规范化则无从谈起。因此,股份制的规范化,首先应从确定其法律形态入手。
With the development of the pilot practice of joint-stock system in our country, the standardization of joint-stock system becomes more and more prominent. The standardization of the shareholding system includes two aspects: normalization of forms and normalization of operations. The normalization of the form means that the legal representation of the shareholding system must be clarified and fixed so that its specific operation has a normal mode applicable to it. The standardization of operation refers to the standardization of the organizational structure and management activities of enterprises in strict accordance with the law of the shareholding system, Profit distribution and other content, so that the stock system should be able to play its due functions. In the process of standardization of shareholding, the standardization of forms is the precondition of standardization of operation. Only when the legal form is established, the joint-stock enterprises in practice can regulate their own operation according to the content of their normal mode. When the legal system of shareholding system has not yet been established, the standardization of the shareholding system can not be discussed. Therefore, the standardization of joint-stock system, first of all should determine its legal form to start.