为了司法衡平功能的有效发挥,主体、制度、理念、环境、技术等要素都不可或缺。
In order to exert judicial equating function effectively, the factors, such as subject, system, idea, environment, technique etc. are all necessary.
权利冲突的解决,应依据权利平等保护原则和衡平原则,通过立法和司法两种途径实现。
The rights conflict should be resolved mainly through legislation and jurisdiction approaches in accordance with the protective principle of equal rights and the doctrine of equity.
依据利益相关者理论,公司法应确立股东、债权人利益衡平保护体系。
According to the benefits related theories, Company Law should establish the system of even protection in benefits of shareholder and creditor.
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