商业研究

Previous Articles     Next Articles

How is the Corporate Law Progressing? A Mirror of America the Two Cross-century Interaction between Progressive and Corporate Law

XUE Qian-qiang   

  1. (Law school of Peking University,Beijing 100081,China)
  • Received:2019-10-12 Online:2020-08-20

Abstract: Progressiveism and corporate law first met at the rise of the company′s strength more than a hundred years ago, and presented a trend from “affirmation of the company′s strength” to “distributing the company′s strength” to “healing the company′s social trauma”. At the end of the 20th century, due to the rise of the hostile wave of acquisitions, the progressiveism of the company law was re-narrated and added to the economic analysis of anti-corporate law, the public interest orientation of corporate actions, and the three new plots that challenged the company′s goal of maximizing shareholders′ interests. Any progressive reform of corporate law may be a radical change in traditional cognition, which requires huge costs and linkage adjustments in political concepts, economic systems, and related sectoral laws. At present, corporate law progressiveism is no longer just an issue of interest at the academic level, and the progressive legislative agenda is gradually being developed. The revolutionary future targeted by the company law is optimistic. If we want to realize the progress of our company law, there are still some experiences and strategies worth learning in the progress movement. That is,we should consider the political reality and socialist market economy reality of China′s socialist system and the participation of Party organizations in corporate governance; enhance the diversity of research methods and topics of company law; absorb more subjects′ participation and listen to women′s voice, so as to give full play to women′s value.

Key words: progressivism, corporate law, reform, corporate power