New Comments On The System Of Legal Entity

The establishment and improvement of socialist market economic system have to be regulated with perfect institution, and amplifying the legal institution is the intrinsic demand of socialist market economy. "The market economy is a legal institutive economy", which is a derivative proposition closely related to the establishment of socialist market economy system. The market economy is regulated according to law firstly displays at its main part's qualification identifying, entering and exiting from market, as well as launching the manufacture and operation, etc. This is the first prerequisite of market economy to be a resource distributing system and means and logical starting point of the market economy's practical operation.Contemporary market economy's developing history has sufficiently demonstrated that the more developed market economy, the higher of its degree of economic legal institutions. Adapted to this point, enterprise and enterprise system under the condition of contemporary market economy are not only an economic concept, but also a statute concept. In other words, contemporary enterprise and enterprise system developed so much that it evolutes to be an economic system that consists of legal entity systemization which guided by the principle of law. Saying from the law angle, legal person is an organization which has civil right capability and civil act capability, enjoying the civil rights and civil duties independently, legal person system is a system germinated in the ancient Roman law, but formally took shape in contemporary capitalist society, legal entity and legal entity system are the products of the development of capitalist commodity economy. The "Corp." is the most sufficient developed shape of current legal entity in the capitalist society. Theemergence of legal person and legal person system took the energetic action in defining the relation of property, accelerating the development of capitalist commodity economy, and regulating the economic order of the society. Hence the analysis of enterprises from the angle of economics and law dictated that the market economy is a kind of developed commodity economy which takes the consummate legal entity system as its essential requirement. Starting at this point, contemporary enterprises system is more exactly to be defined as a blending system combined by economy and law than a kind of microeconomic system of economy.The law and economy are objectively linked. The law is super structure and the economy basis resolves the super structure. This is a significant conclusion in the historical materialism that Marx and Engels obtained after their scientific investigation and researches on the developing history of mankind society. Up to 1920s, along with the monopolistic capitalism and the increasingly stressed contradiction between productivity and production relation, some western learned person have been started to pay more attention to researching statute problems from economic angle. And formed a principle of law and economics by combined the analysis means of economics and law. In short, law and economics is a science which using the economic category and analysis means to research and elaborate the statute problems. Its research objection is economics problems that have statute norm and substance, the research means is economics methodology (chiefly it is microcosmic economics), and its making-point prerequisite and value standard are that of economics, that is effectiveness or usefulness maximize. Therefore, strictly speaking, this burgeoning branch of learning starts with the concept and means of economics to research and explain economic problems embodying statute norm and the system substance. Law and economics as a burgeoning branch of learning provides valuable thinking and means for our research and approach on a mount of economic and statute problems existing in nowadays' China. The actual situation of China requires wilder analysis from economics angle to research statute problems: not only needs to research a great quantity of statu...