19世纪末20世纪初,美国社会经济的发展由自由竞争走向垄断,作为美国经济基石,经济发达象征的公司,无论在量上还是在质上都得到了惊人的发展,其形式上已成为巨型托拉斯和垄断组织,因此市场竞争受到妨碍,社会利益不适当的被忽视,于是深受斯宾塞法律达尔文主义及自然法学派影响的美国立法者和法官奉行极端经济放任政策和对私有财产权绝对的公司法观念受到挑战。为使作为发展经济主要法律手段的公司,更好的服务于美国社会,使市场竞争机 From the late 19th century to the early 20th century, the social and economic development of the United States shifted from free competition to monopoly. As the cornerstone of the U.S. economy, the economically developed company, both in terms of quantity and quality, has witnessed astonishing development. It has become a giant Trust And monopolies, the competition in the market was hampered and social interests were unduly ignored. Therefore, American legislators and judges, influenced by Spencer’s legal Darwinism and the law of natural law, have pursued policies of extreme economic laissez-faire and absolute ownership of private property The concept of law is challenged. In order to make the company, as the main legal means of economic development, better serve the American society and make the market competitive