公司隶属和从属（企业和公司）

“企业”和“公司”不是一个概念 "Enterprise" and "company" are not the same concept

“企业”和“公司”不是同一个概念吗？不是的，它们有联系，但也有明显的区别。

Isn't "enterprise" and "company" the same concept? No, they are related, but there are also obvious differences.

企业在公司产生之前就存在很久了，企业并不等于公司。

The enterprise existed for a long time before the company was created, and the enterprise is not the same as the company.

比如，在2018年的严查演艺圈税务问题的大风暴中，我们看到最先出事的叫范冰冰工作室，这些演艺界的工作室其实都是“个人独资企业”。

For example, in the big storm of strict investigation of tax issues in the entertainment industry in 2018, we saw that the first thing that happened was Fan Bingbing's studio. These studios in the entertainment industry were actually "Individual Proprietorships Enterprise."

再举例，2016年闹得沸沸扬扬的王宝强和马蓉离婚官司，新闻报道说，他俩争的有一家叫“共青城宝亿嵘投资管理合伙企业”，这个叫“合伙企业”，也不是公司。

For another example, in the divorce lawsuit between Wang Baoqiang and Ma Rong in 2016, the news reported that they were fighting over a company called "KQCBTR Investment Management Partnership". This called "Partnership Enterprise", and it is not. company.

要注意了，当有人说“企业”的时候，他说的可能是“个人独资企业”，或者是“合伙企业”，或者是“公司”。也就是说，企业包括三种类型，公司只是其中之一。而前两种类型的企业也被叫作古典企业，是不能被叫作公司的。

It should be noted that when someone says "enterprise", he may be talking about "Individual Proprietorship Enterprise", or "Partnership Enterprise", or "Company". In other words, there are three types of enterprises, and the company is just one of them. The first two types of enterprises are also called classical enterprises and cannot be called companies.

古典企业 Classic Enterprise

1883年底，晚清著名红顶商人胡雪岩名下的一家企业，叫阜康银号，因为出现挤兑而破产倒闭，这家银号倒闭以后，胡雪岩欠下巨额债务，清政府迅速查抄了他的家产，把他名下几乎所有的当铺、商铺还有他的府宅、家具、器物甚至连衣服、饰品等等资产全都用来抵债，短短一年多以后一代巨商就在困顿潦倒中离开人世，非常凄惨。

At the end of 1883, a company under the name of Hu Xueyan, a famous businessman in the late Qing Dynasty, called Fukang Yinhao, went bankrupt due to a run. After the bankruptcy, Hu Xueyan owed huge debts. Almost all the pawnshops and shops under his name, as well as his mansions, furniture, utensils and even clothes, accessories and other assets are used to pay off debts. Just more than a year later, a generation of giants passed away in despair, very miserable.

可见，有限责任公司制度是现代的产物，古代商人所建立的企业，其实就差不多是我们今天的个人独资企业，因此也有人把个人独资企业和合伙企业统称为“古典企业”，把有限责任公司成为“现代企业”。

It can be seen that the limited liability company system is a product of modern times. The enterprises established by ancient merchants are actually almost the sole proprietorships we have today. Therefore, some people refer to sole proprietorships and partnerships collectively as "Classical Enterprise", and the limited liability company become a "Modern Enterprise".

古典企业的一个巨大缺陷，合伙人在赚钱的时候，有肉吃当然都开心。但如果赔钱了呢？

A huge flaw in classical enterprises is that when partners are making money, they are of course happy to have meat. But what if you lose money?

古典企业是老板自己的，倾家荡产也得赔啊，胡雪岩名下一家企业倒闭，作为老板的他要把全副家产赔进去。这就是所谓的无限责任，企业主的个人资产和企业的资产没有边界。

Classical companies belong to the bosses themselves, and they have to pay for bankruptcy. A company under Hu Xueyan's name has closed down, and as the boss, he has to pay for all his fortunes. This is the so-called unlimited liability. There is no boundary between the personal assets of the business owner and the assets of the business.

而且传统的合伙企业里面，几个人合伙，要是做决策的人犯了错，哪怕这个决策和你没有一毛钱关系，但作为合伙人，你也得承担连带的无限责任。

Moreover, in a traditional partnership, several people work together. If the person making the decision makes a mistake, even if the decision has nothing to do with you, as a partner, you have to bear unlimited joint and several liabilities.

这太可怕了，如果是你，你敢拿钱出来，去做高风险、高投入的事情吗？在古典企业的制度下，没几个人敢冒这个险，那必须冒险投入的时候怎么办呢？这就呼唤出一个新的制度，有限责任公司制度。

This is terrible. If it were you, would you dare to take the money to do high-risk and high-investment things? Under the system of classical enterprises, few people dare to take this risk. What should we do when we have to take a risk? This calls for a new system, the limited liability company system.

现代企业 Modern Enterprise

有限责任公司制度萌芽于1600年英国的东印度公司，这些公司的目的大多都是去航海，做贸易，甚至是抢东西，那这种常态化的远途冒险需要的资金可就不是几个人能凑齐的了，连国王都没有这样的财力，这时候就需要大量的股东在一起凑足巨额的资金。

The limited liability company system sprouted in the British East India Company in 1600. The purpose of these companies was mostly to sail, do trade, or even grab things. Then this kind of normalized long-distance adventure requires more than a few people. It's all together, even the king doesn't have such financial resources. At this time, a large number of shareholders are needed to pool together a huge amount of funds.

为了让大家放心把钱拿出来，欧洲人发明了有限责任制度，这个制度是慢慢摸索成形的，一直到了1855年，有限责任制度在英国的法律中得到了明确的认可，成为我们今天普遍接受的制度。

In order to make everyone feel relieved to take out the money, the Europeans invented the limited liability system. This system was gradually formed. It was not until 1855 that the limited liability system was clearly recognized in the British law and became generally accepted by us today. System.

什么是有限责任呢？说白了，就是你在企业中出了多少钱，最后你就用多少钱承担债务责任，不会再把你的其他个人资产牵扯进来了。正是因为这个看似简单的创新，企业从“古典企业”正式进入到“现代公司”阶段。

What is limited liability? It is how much money you spend in the business, and finally how much money you use to assume debt liability, and will not involve your other personal assets anymore. It is precisely because of this seemingly simple innovation that the company has officially entered the stage of a "modern company" from a "classical enterprise".

为什么说有限责任这个创新非常重要呢？这是因为，有限责任让人们没了倾家荡产的后顾之忧，也没了连带责任的后顾之忧，这样就可以大胆的创新和冒险，更多的人，甚至是相互陌生的人，也可以放心把钱拿出来聚到一起，这样就化解了古典企业没办法解决的融资难题。

Why is the innovation of limited liability so important? This is because limited liability eliminates the worries of bankruptcy and joint liability, so that you can boldly innovate and take risks, and more people, even strangers, can safely take out their money. Gathering together, in this way, solved the financing problem that classical enterprises could not solve.

随着社会化大生产对于大规模资金的要求越来越普遍和迫切，公司的价值也就越来越被认可。

As the requirements for large-scale funds in socialized production become more and more common and urgent, the value of the company is becoming more and more recognized.

“有限责任制度”两个最大的好处？ The two biggest benefits of the "limited liability system"?

1. 承担有限责任

Limited liability

因为有限责任制度，公司才可以成为一个法人，就是法律上的人，跟自然人相对应。法人是一个组织，只不过它在法律上被人格化了。

Because of the limited liability system, the company can become a legal person, that is, a legal person, corresponding to a natural person. A legal person is an organization, but it is legally personified.

如果公司出了问题，那么这个法律上的人就用它的全部财产对债务承担责任，自然人股东们只要把自己的出资赔给债权人就好了。

If something goes wrong with the company, then the legal person will use all of its assets to assume responsibility for the debts, and the natural person shareholders only need to compensate the creditors for their capital contributions.

所以，公司的定义就是法人企业，而“古典企业”被叫作自然人企业。

Therefore, the definition of a company is a legal person enterprise, and a "classical enterprise" is called a natural person enterprise.

2. 股权可以转让

Equity can be transferred

如果持有股份的人要承担经营不善的无限连带责任，谁敢要这个股份呢？如果股份不能自由买卖，会发生什么呢？

If the person holding the shares is to bear unlimited joint and several liability for mismanagement, who would dare to take this share? What will happen if shares cannot be bought and sold freely?

很简单，自然人总会生病、死亡，或者干着干着不想干了，那企业也就跟着寿终正寝了。而当股份可以转让时，这个企业就不存在这个问题了，它就可以永续经营下去，公司这种法人企业可以做更长远的布局，做更伟大的事业。

Quite simply, natural persons will always get sick or die, or if they do not want to do it, then the company will die. And when the shares can be transferred, this problem does not exist for the company, and it can continue to operate in a sustainable manner, and the company as a legal person enterprise can do a longer-term layout and do a greater cause.

“企业”和“公司”是两个不同的概念，古典企业和现代公司最大的区别，就是公司具有有限责任制度，这种制度可以让公司聚集巨额资金，让公司具有法律上的独立人格，还让公司可以永续的经营。

"Enterprise" and "company" are two different concepts. The biggest difference between a classical enterprise and a modern company is that the company has a limited liability system. This system allows companies to gather huge amounts of capital and allows them to have legally independent personality. Allow the company to operate in a sustainable manner.

公司的力量，就是制度创新的力量。从无限责任到有限责任到创新，让人类文明的演进从有限空间到无限可能。

The power of the company is the power of system innovation. From unlimited liability to limited liability to innovation, the evolution of human civilization from limited space to unlimited possibilities.

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