引言1993年《公司法》正式确立了我国的公司代表人制度,2005年《公司法》第13条虽对该制度进行了修改,但尚难称其为变革,中国公司代表人制度的法定性、唯一性特征延续至今。《公司法》修订前后,学术界、实务界~①均对其进行了剖析和反思,总体上看批评性的观点居多。由此看来,对于该制度的继续完善确有必要,而完善的前提是对公司代表人制度有充分的了解和认识。有鉴于此, Introduction The Company Law of 1993 formally established the system of company representative in our country. Although Article 13 of the Company Law of 2005 amended the system, it is hard to call it a change. The legal representative of the system of Chinese company representative , Unique features continue today. Before and after the revision of the Company Law, academics and practitioners all conducted analyzes and reflections on them, and as a whole, the majority of critical opinions were expressed. From this, it is necessary for the continuous improvement of the system, and the premise of perfection is that the system of company representative is fully understood and recognized. In view of this,