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传统股权结构的局限已经使其不能适应现代公司治理的复杂性。近年来,“中国合伙人制”为现代公司治理提供了实践可行性与新思路。虽然这一创制因违反了“一股一权,资本多数决”的传统股权结构而招致质疑。但这一创制自有其正当性,同时显示出对现代公司治理理念的适应。我国公司法应当适度修正“同股同权”原则,引进保持公司控制权制度,承认“中国合伙人制”的正当性。
The limitations of traditional ownership structure have made it unable to adapt to the complexity of modern corporate governance. In recent years, “China’s partnership system” has provided practical feasibility and new ideas for the modern corporate governance. Although this creation violated the traditional ownership structure of “one power, one capital majority”, it was questioned. However, this creation has its own legitimacy and at the same time shows its adaptation to the modern corporate governance philosophy. The Company Law of our country should appropriately amend the principle of “same rights and same rights”, introduce the system of keeping control of the company, and recognize the legitimacy of “China’s partner system.”