The Evolution Of The Legal System For The Private Economy After The Founding Of The People's Republic Of China

This dissertation, for the purpose of facilitating the construction of the legalsystem for the contemporary private economy with theoretic supports, researches intothe rule of the evolution of the legal system for the private economy during the periodof over 50 years after the founding of the People's Republic of China, and reviews theexperiences and lessons therein. It is done under the guidance of Marxist dialecticalmaterialism and historical materialism, with the development of the legal system forthe private economy of the PRC as the theme, the system for the protection of rightsof the private enterprise as the clue, and the economy, politics, policy andideology as well as other relevant factors of that period as the background underwhich issues are analyzed hereinafter. This dissertation is altogether in eight chapters. Chapter one gives the introduction. The author in this chapter puts muchemphasis on the construction of the theory for the system of rights of the privateenterprise, while introducing both aims and methods of the research and theframework of the whole dissertation. It takes the view that the private enterprise shallhave four rights including the right of existence, property right, competition right anddevelopment right. Among those rights, the right of existence is the first importantright for the private enterprise, which means whether the private enterprise is entitledto participating in the market and competition. Property right is the materialfoundation upon which the enterprise may participate in the market and competition,and so indicates what could be available for it to participate. Competition right is oneimportant precondition for the participation of the private enterprise, which is decisiveon whether the private enterprise could participate freely. And development rightcould secure the development of the private enterprise, which means either in form orin essence whether the private enterprise could be in fair competition. From the viewof 'market and competition',those four rights of the private enterprise constitute acoherent and consistent system. This dissertation, taking the process of protectingthose rights of the private enterprise as the clue, studies the courses of the reform ofthe legal system for the private enterprise of China. Chapter two is mainly concerning the legal system for the private economy in theearly period after the founding of China. The author deems the conflict between the 208private economy and the economic development strategy favoring heavy industry ofthat period as the reason that why the private economy vanished then. This chapterexamines in details relevant articles on the legal system for the private economy in theCommon Guidelines and the Constitution 1954. And it also analyses the first basiclegislation on the private enterprise after the founding of China, i.e. the ProvisionalRegulations of the People's Republic of China on the Private Enterprise and its trialimplementation measures. Then it describes the gradual vanish of the right ofexistence, the property right, the competition right and the development right of theprivate enterprise during that period. Meanwhile it draws the outline of the legalsystem for the private economy of that time. And it analyses in more details about thesocialistic reconstruction of the private economy and relevant legal issues. Chapter three mainly researches on the legal system for the individual economyof the period of over 20 years from the 1950s to the beginning of the 1980s. Theauthor thinks that, though the private economy was not in existence at that time, theindividual economy had never been completely destroyed. And the individualeconomy is the primitive body for the private economy, so the private economy mayagain arise from the individual economy. Therefore, the legal system for theindividual economy then was...