论公司法法律规范类型及其适用

公司法兼具强制性和任意性的特点，决定着公司法法律规范中既有强制性规范．又有大量的任意性规范和倡导性规范。如何区分和判别公司法法律规范的类型是公司法实务中面临的首要问题．更是正确适用公司法的前提。判别和适用公司法法律规范，不仅要从法条文意上进行理解，还要结合公司法立法精神、执法理念及相关法条等进行综合分析和判断。

On Regulations of Company Law and Its Application

The company law has both compulsory and random features, which determines that its norms are not only compulsory, but random and encouraging. How to distinguish and discriminate the legal norms is the primary question as well as the premise to apply the law. To fully apply the norms of the law, it is expected to compre-hensively understand its meaning through combining with its legislative spirit, idea and related notes.