论我国有限合伙法律制度的构建

有限合伙是合伙的特殊形式之一,具有其他企业形式所不能取代的独特优势。在当今世界许多经济发达的国家,有限合伙都是一种重要的企业组织形式。我国至今尚无关于有限合伙的法律规定,现行法律法规的许多规定对有限合伙造成了适用障碍。因此,国家应制定统一合伙法和统一有限合伙法,解决诸如合伙人权利义务、合伙人数量限制、法人能否成为合伙人等具体问题,从而建立、健全我国的有限合伙法律制度,适应经济发展和风险投资业发展的立法需求。

On the Construction of the Legal System of the Limited Partnership in China

Limited partnership is one of the special forms of partnership, it has unique superiority which other forms of enterprise cannot substitute. In a lot of countries with developed economy of our times, limited partnership is a kind of important enterprise organizational form. Until now, our country still has nothing to do with limited partnership in the legal rule, many stipulations of present legal laws and regulations become barrier of using limited partnership. Therefore, our country should formulate the unified partnership law and the unified limited partnership law, solve concrete problems such as the partner's rights and obligations, the restriction of partner's quantity, whether the legal person can become the partner or not etc., so that we can found and improve our country's legal system of limited partnership, adapt the legislative demand of the development of economic and risk investment industry.