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公司分立目的于在提高企业经济效益,因此,应该遵循“效率优先,兼顾公平”的原则。只注重效率而忽视公平的做法将被摈弃,同时,一味强调对小股东权益保护的做法也不可行,公平和效率正在被人们重新认识,公司民主理念已经深入人心,对于小股东来说,法律对公平的追求正在实现从形式公平到实质公平的飞跃,公司分立过程将更加民主、公平。
The purpose of the company’s separation is to enhance the economic benefits of the enterprise. Therefore, the principle of “giving priority to efficiency and giving consideration to fairness” should be followed. At the same time, it is not feasible to blindly emphasize the protection of the rights and interests of minority shareholders. The fairness and efficiency are being re-recognized by people. The concept of corporate democracy has been deeply rooted among the people. For small shareholders, the law The pursuit of equity is making a big leap from formal fairness to substantial fairness. The process of separation of companies will be more democratic and fair.