Abstract In the company institution, there is an internal connection between the tensile relation between freedom and compulsion and the ground for the justness of company legal personality. With the evolution of the foundation of the justness from “concession” to “efficiency” and then to “responsibility”, the freedom and compulsion are being eliminated constantly and the increase of the company’s freedom reflects the historical inevitability. China should keep reducing the policy compulsion in company law, improve legislation technology and keep eliminating the effect of these compulsions on the essence of company.
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Received: 17 January 2008
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