The theory of right of formation has been known for over 100 years . despite the german scholar emil seckel had first made the concept in 1903 , nowadays the chinese system of right of formation is still undeveloped , with wide gaps in existing legislation and little relevant research involved . therefore , there is practical and academic value in the research on this subject 形成权理论为德国学者emilseckel于1903年提出,至今虽有百余年历史,但我国对形成权制度的构建尚处于初级阶段,不仅现行立法存在诸多疏漏,而且相关理论研究也很少有人涉足,因此本论题的研究具有现实意义和理论价值。