近代中国无限责任企业的历史地位

一般认为,无限责任是落后于有限责任的企业制度形式。但在近代中国的具体历史条件下, 无限责任的企业制度有其充分的历史合理性。资本是稀缺资源,无限责任制度有利于企业盈利的生产性积累;而在缺少中央银行、存款保险公司等防范风险的公共机构的情况下,无限责任的钱业组织是一种降低金融风险的有效的制度安排。在配套制度方面,行业协会和司法机关是保证无限责任股东履行其责任的制度力量。

Historical Status of Unlimited Liability Corporations in Modern Chinese History

The unlimited liability had its sufficient historical reasonability to exist in the concrete history environments in modern China. Since capital was a kind of rare resource, unlimited liability was favorable to the corporation's productive accumulation of profits. Because of the lack of public risk-preventing organizations such as central bank or insurance company, the unlimited liability cash organization was an effective system to reduce financial risk. Among the supporting systems, industry associations and judicial offices were the systematic forces to make sure the stakeholders perform their responsibilities.