Proposals on prc’s company classification by the comparative method

¹ Jiangsu Normal University, School of Law, Xuzhou, Jiangsu Province, China
² Henan University of Economics and Law, School of Civil Commercial and Economic Law, Zhengzhou, Henan Province, China

Abstract

With the constant development of companies in our country, we still classify companies exclusively on the ground of person cooperation or capital integrity since the promulgation of the PRC’s Company Law(CCL) in 1993. Classificatory standard like this lagged far behind and exposed many problems, which includes the loopholes in the corporation regulations, state-funded companies types are excluded in this standard, and always not conducive to the boosting domestic company competitiveness among the fierce international competition. By comparing experiences of other countries and judicial districts, this article discusses the improved approaches: Adopting the company classification standard based on shares publicly offered and transferred, making specific classified pathways of existing companies, which means revising the Company Law and the Securities Law jointly.