Study On Business Access System

As a profit-activity engaged by the specified subject for the purpose of the property increment and the wealth growth, business is of a series of essential attributes such as the unification of personality and sociability, interdependence of self-interest and altruism, intercommunication of nationalism and internationalism and so on, which decides the justice of business itself. Business access is the limited degree of conditions and procedures pre-set by law and policies that civil subject who engages in the business investments or the profitable activities in business area Business access system in particular refer to a series of related systematic and bound legal norm or policy, which is rooted in the course of governmental regulation to activities which civil subject and transaction object enter into the business area or transaction market. Its essential factors include subject, business access object, the rules of business access, and the regulative measures of business access and so on. Its contents is composed of four aspects, namely the access system of the business subject's qualifications, the access system of the establishment of enterprise, the access system of the industrial area and the access system of the overseas market. As the basic part of economic system, business access system manifests the freedom of economy, represents the open degree of market and actually decides the economic and legal status citizen's. It essentially reflects the distribution of interest, power and right between government and civil subject in the domain of business. From the point of the source of right, it is analyzed that business should be the natural and legitimate right. Therefore; the purpose of business access is not to limit the right of business of civil subject, let alone forbid it arbitrarily, but to protect, encourage, promote and regulate it instead. Establishment of business access system decides the system cost exists in the course of entrance or exit of the investment and business, i.e. business access system cost. Especially as the extra expenses of business entrance, business access system cost in the process of business entrance mainly consists of two parts: the extra expenditure and the evitable damage interest, in which the former include the application costs, the administrative license charges, the expenses of power rent-seeking as well as business circumvention expenses and so on; the latter include the loss of opportunity interest, the damage of the expectation interest, the capital value idle and so forth. Naturally, the reform or the adjustment of business access system inevitably influences the constitutive variables of business access system cost, thus which may either stimulate and encourage transaction, or hinder and limit business. Meanwhile, the cost of business access system determines the efficiency of it. The free and open business access system, due to its low cost of access system, would produce a series of positive effect, for instance, the transformation effect from the consumption investment to the business investment, the dynamic investment snowball effect, the industrial capital accumulative effect, the area accumulative effect and so on. On the contrary, the restrictive or the prohibitive business access system, due to its high cost of access system, would produce a series of negative effect, for example, the restraining effect of innovation of business organizational form and business pattern, the capital squeeze-out effect, the reversion choice effect of the folk capital and so forth. Therefore, it is the best way for the accumulation of investment, the development of economy, the growth of trade, the promotion of social welfare and the competitiveness of the state to choose a free and open business access system. Consequently, we should choose the business access system mentioned above in the future and construct it from the different angles such as Constitution Law, Civil and Commercial Law, Administrative Law and Economic Law."The right of business"or"the freedom of business"should be written into Constitution, thus, the natural right of business turns to be the basic legal right of citizen in the form of fundamental law, which sets up the right foundation for the establishment of business access system. Commercial Law that dedicates to adjust business relations should distribute the initial opportunity equally on the basis of the freedom of business so that civil subject would be ensured to freely obtain business qualifications to enter business area. In term of Administrative Law, we should choose and continually perfect the system model of the exceptional business administrative permission, and combine the freedom of investment and the business efficiency of enterprises with social public interest and market transaction security so as to fully release business right and capability of the investment and business subject, and to inspire the business subject to set himself up in business. Through construction of the legal systems of business competitive opportunity equalization, e.g. widespread opening of business area, market integration construction and the legislation of Anti-trust Law, and formulation of policy to ensure the business competitive benefits sustainable, e.g. the policy to promote business of the small and medium-sized enterprises, industrial instruction policy, a free, fair, vigorous and systematic business competitive environment would be constructed.