中国経済研究
Online ISSN : 2436-6803
Print ISSN : 1348-2521
ISSN-L : 1348-2521
特集 歴史的視野から見た現代中国経済
中国の会社の歴史的性格
法人の二重性の視点から
川井 伸一
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ジャーナル オープンアクセス

2008 年 5 巻 1 号 p. 5-18

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抄録
This paper addresses historical character of Chinese companies from a viewpoint of the duality of legal person. Company has been specified as a legal person by company laws in China. A legal person has dual character of goods as well as person. Company as property or a capital organization is not a person but goods in itself, but it has the same judicial right and duty as a natural person. In analyzing the character of Chinese companies in terms of the duality, the following three standards are applied in this paper. First is control right of a company which is defined as a judicial or de facto right of control of corporate management by its shareholders. Second is distribution right of corporate profits or added value. Third is organizational character of a company (that is, degree of autonomy of managers from shareholders, marketability of company’s property and company itself). We study the nature of family business company, private company and state-owned company in China for the period of 20th century and conclude that although there has been the duality of person and goods in Chinese companies, element of goods was or has been stronger than that of persons. In this context, companies in China were and have been a tool for owners or owner=managers to raise and make money rather than a personal entity.
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© 2008 中国経済経営学会
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