股份有限公司发起人地位再析

关于发起人的地位问题，很多学者皆认为发起人是种合伙，是设立中公司中的机关，但却没有区分发起人的团体与个体含义。本文区分了这两种含义，认为发起人(个体)是种合伙人，其合伙之目的在于设立公司；至于设立中公司仅是发起人合伙之设立行为的外部称谓。公司一经成立，发起人(团体含义)与之构成母子关系，之间发生概括继承。

The position of corporator in the shares corporation

As to the position of corporator , many academicians consider corporator as a kind of copartnership and the organ of the corporation in founding ,however , they didn't differentiate the group and personal meanings . In this article , I differentiate these two different meanings and also consider the corporator as a kind of copartnership , whose purpose is to build up a corporation , while the so-called corporation in founding is just the outside title of the founding activities . If the corporation exits , corpotator and it is consider as mun-son , which participate in the general succession .