从瑞士公司治理的例外中学习

Learning from the Swiss Corporate Governance Exception

Kyklos · 2017
被引 7
人大 A-ABS 3

中文导读

研究瑞士公司治理为何成为法律起源理论的例外,发现其分散的所有权结构源于就业保护与创新政策的互补性,并指出政治在塑造公司治理中的关键作用。

Abstract

Summary The Swiss economy represents an exception to the legal origin theory (e.g., Roe, 2006). Although Switzerland is a country belonging to the civil law family, many of its public companies have diffused corporate ownership, as do those in common law countries. This paper maintains that the Swiss exception relies on the complementarity between corporate ownership and policies addressing employment protection and innovation. The Swiss case presents two lessons. First, the current corporate governance is the result of a long and composite path in which politics plays a pivotal role; second, the institutional differences and similarities across countries, which one would try to explain along with the legal origin theory, can also emerge from politics‐based accounts, such as those referring to policies on employment protection and innovation.

瑞士公司治理例外法律渊源理论股权分散就业保护与创新政策