중국식 기업분류 개념이 중국 기업법 발전에 미친 영향 고찰― 經濟成分과 企業類型을 중심으로 ―

There are two themes which have been argued by Chinese government and Chinese Law Academia for a long time, but haven’t been concluded yet. One is the problem of unification of company law and the other is the argument on the unification of foreign investment law. Especially, the argument on the unification of foreign investment law led by the Department of Commerce has been performed from 2015, but it has shown no result. This is not a simple problem that the company law system has a complex dual multi-tiered structure. What matters is that the core concept hidden in the structure is the Chinese mechanism of company classification. The concept of company classification consists of two parts, Possession and Organization. Ownership and Organization have been developed forming independence and harmony against each other. They also have influenced on the company law classification and its formation today. This article approaches the structure of Chinese company law from the new concept of company classification. The definition of company classification and its legal basis are studied through various historical data. Also, the effect of the concept of company classification on the formation of company types are surveyed. Additionally, the writer presents legal conflicts and problems shown in the system of company law based on the results from this study and tries to suggest solutions to promote the unifications mentioned above.