Abstract:
President Xi has made it clear that market entities should be able to “survive normally” and achieve “greater development”. Company is the most important and active market subject, and the corporate law is the basic law of socialist market economy system. The corporate law establishes the company’s right of existence and development, which is the implementation of president Xi’s important exposition on market subjects. However, the existing legislation does not take the path of legalization of rights, so the company’s right of existence and development cannot become the direct basis of value judgment and judicial discretion. The revision of the corporate law should establish the company’s right of existence and development in the General Provisions. These two rights are the basic personality rights of the company and run through the whole corporate law system and the life cycle of the company. The establishment of the company’s right of existence and development is conducive to the “normal survival” and “greater development” of the company, to optimize the business environment, and to accurately locate the direction of the reform of the company law.