Does the company law have scientific value? The Joseph Needham puzzle and the way he solves problem have guided us to transform the researches on company law in a scientific way. First, the traditional ″science″ focuses on deduction and analogy, while the modern science does induction. Second, the traditional ″science″ emphasizes on experience, while the modern science does experiment. Meanwhile, the ″utilitarian motive″ lies in people’s minds is the most obstructive factor for the scientific researches. Analyzing the nature of the mentioned two researching methods, empirical observation and experimental science, will help the academic community explore the research prospective on company law and research methods, and introspect itself in the current era. On one hand, the era of codification presents three major characteristics. The first is the evolvability, which requires us to check the diverse theoretical opinions on doctrines during the process of editing codification from a ″dynamic″ perspective. The second is the simplicity, which requires us to follow the method of ″extraction of the common cause″ to delete the repeated. The third is the systematicness, which requires us to think about the contradictions, compatibilities and tunings between laws and regulations, articles and theories from the perspective of systematology. The above characteristics require us to turn the research perspective of the company law from rule law to real law. And it prefers the study of typical cases of company law with the guiding cases as the core, which is learned from the American Legal Realism. On the other hand, in the era of big data, a data revolution which shifts ″from quantity to quality″ has been rising up, and it is doing further exploration for the close cooperation with artificial intelligence technology. At the same time, the governance has been changed gradually. The innovation of ″Mathematically Management″ may become another solution to the Joseph Needham puzzle. The above tendency requires us to study the company law from experimental method on the basis of the traditional research method such as normative analysis and comparative analysis. The Popper’s ″four-segment diagram″ falsification method could be used as experimental approach. And the system softening, market competition, social interaction and other processes could be adopted in the experimental mechanism. The method of data mining and that of information map are used comprehensively as the test methods, which are also used as technical approaches for the empirical study of the company law in China. In conclusion, this article is discussing the problems from a strategically advantageous position in terms of academic vision and theoretical system. Analyzing the nature of empirical observation and experimental science has guided us to transform the researches on company law in a scientific way. In terms to the research perspective, we will transfer from rule law to real law, and in terms to the research method, we will transfer from experience to experiment.
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引用本文:
马俊彦 翁国民. 论公司法研究的科学转型[J]. 浙江大学学报(人文社会科学版), 2019, 5(3): 227-.
Ma Junyan Weng Guomin. The Scientific Transformation of Company Law Research. JOURNAL OF ZHEJIANG UNIVERSITY, 2019, 5(3): 227-.