从股东利益最大化到利益相关者利益最大化 --我国公司法研究的一个不可忽视的问题

依照传统主流经济学和法学的观点 ,公司仅是股东的联合体和为股东赚钱的工具。随着知识经济时代的到来 ,资本所有者的地位开始削弱 ,拥有知识资源的利益相关者力量日益受到重视。我国公司法应顺应现代公司发展的潮流 ,摒弃股东利益最大化的观点 ,使利益相关者成为公司必不可少的制度要素。

Transition of Benefits Maximization: From Shareholders to People Concerned --Repositioning of Corporate Objectives

According to traditional economics and science of law, a corporate is, on the one hand,an organic whole of shareholders and, on the other hand, the tool for such shareholders to earn profits. However, along with the rapid development of knowledge-based economy, the capital owner has become less important while the people concern occupying resources of knowledge are attracting more and more attention. In this sense, the Company Law of the PRC shall comply with the development of today's' company law, give up the outdated view of maximizing the benefits of shareholders, and make the benefits of people concern to become the essential system factor of a corporate.