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      随着外国公司的理论和立法的现状和趋势相比，我国的建议方案的两个主要问题，一是财产所有权的性质为划分标准，其他公司存在的目的是“股东至上”。形成在这两个基础的建议计划有一个固有的弱点，在实践中也影响的建议方案的顺利进行。
      Compared with the status and trends of foreign company theories and legislation, there are two main problems in Chinese suggestion scheme, one is used the nature of property ownership as partition standards, the other is existence of company purpose of “shareholders first”. The suggestion scheme which formed on the basis of these two has a inherent weaknesses, in practice it also affects the suggestion scheme to go smoothly.
      基于财产所有权的标准制定法律是立法所应遵循的原则，在计划经济时期，在建议方案，这个概念已经占据了主导地位，各种法律法规只对公有企业的建议方案的规定。在《公司法》颁布的1993，以财产所有权为标准来瓜分立法仍然存在的影响。这一思想的影响下，“公司法”的规定，企业类型：国有独资的有限责任公司，有限责任公司，由两个或两个以上的国有企业或者国有投资主体投资多元化。

      Based on standards of property ownership to enact laws is the principle of legislation followed in period of planned economy, in suggestion scheme, this concept has occupied a dominant position, various laws and regulations only made provisions on suggestion scheme of public-owned enterprises. In “Company Law” promulgated in 1993, the impact of using property ownership as standard to carve up legislation still existed. Under the influence of this concept, the “Company Law ” provisions the types of companies as: the wholly state-owned limited liability companies, limited liability companies invested by two or more state-owned enterprises or plural state-owned investment subjects.
      At the same time, it provides that state-owned limited liability companies, two or more state-owned enterprises or limited liability companies invested by plural state-owned investment subjects more suggestion rights, and there is less rights for other types of companies. In supervising, in accordance with the “Company Law”, all companies, includes public or non-public companies, they can set up employee supervisors. And for the establishment of employee directors, there is restriction to a certain extent, that is, only provides for the establishment of employee directors in the public company, while there is no provision for non-public sectors Of the company.
      Such as Article 45: For two or more state-owned enterprises or limited liability companies invested by plural state-owned investment subjects, its board members should have members on behalf of employees. This shows that in Company Law, the provisions on supervising has broken through the restrictions of ownership to a certain extent, and for provisions for employees directors, it is still confined to legislative concepts of taking ownership as standards for classifying . In addition, for employee congress, although the Article l6 of “Company Law” provisions that, “through employee congress and other forms to implement proposal system”, but it still only limit to two or more state-owned enterprises or limited liability companies invested by plural state-owned investment subjects.
The reason why enacted this provision in “Company Law” is in accordance with China’s level of economic development at that time. In the early 1990s, the non-public sectors of the economy was only the supplement for socialist state-owned economy which was in a very weak state, socialist state-owned economy still held the leading position. In circumstances that socialist stat本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。