개혁, 개방 이후 중국 상법(총론/회사법)의 변화

From the beginning of 20 centuries to nowadays, China has maintained principle of the combination of Civil and Commercial Laws The importance of commercial law has gradually accepted and the independence of commercial law is necessary to control social market system in China. Although many commercial laws have been enacted and are simple and convenient, they are not systematized and harmonized with each other. Therefore, it's necessary to enact 'the General Rule of Commercial Law' newly .The Company Law enacted in 1993 and revised in 1999, 2004 and 2005 respectively has firmly geared toward China's market economy system. The Company Law 1993 was enacted mainly for transfer from state-owned enterprises to modern company systems and don't have universal contents of general company Law. the revised Company Law 2005 was designed to protect the lawful rights and interests of shareholders and creditors, and promote the development of socialist ,arket economy. But the Law 2005 has also many problems in its idea, corporate governance and legal systems etc. Many Chinese scholars demand China's company law to facilitate the creation and operation of modern company systems. Modernization of Chinese Company Law will be realized through harmonization between experience from the advanced countries and China's situation.