关键词: 结社自由,公司设立,投资者结社

Abstract: The act of company establishment belongs to the behavior of association formation of economic nature; its boundaries should be examined in the framework of freedom of association. As a right of economic freedom, the freedom of association of the company investors is different from the freedom of association of political nature in such aspects as the association subject, the purpose, and the type, etc.. As for the purpose of association formation, the goal of profitability should be still insisted on in both the theories of corporate law and the system, although in reality the investors are not necessarily or always seeking to maximize their profits. In addition, the peaceful formation of associations is the political prerequisite for freedom of association. The company law should shoulder the task as its own responsibility to promote the harmonious relationships inside and outside of the companies and rectify the disharmonious state of internal and external corporate relationships. This task is of great significance for corporate law; it can be regarded as the political foundation of company system.

Key words: freedom of association; establishment of companies; investors association