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Studies On The Legal Institutions Of Promoting Middle And Small-Scale Enterprises Development In China

Posted on:2008-03-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:W Q YuanFull Text:PDF
GTID:1116360215490038Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Middle and small-scale enterprises currently play an important role on economical development of all the countries, not only stimulating the sustainable development of economy, but also maintaining a competitive market structure, boosting economic development, meeting the needs of the society and safeguarding social stability. Middle and small-scale enterprises enjoy these advantages over giant enterprises, so they are essential necessities for the fulfillment of governmental obligations and the realization of a harmonious society. However these enterprises are in a weak situation as the result of inferior economic power and deficient social resources. Consequently, the governments at all levels should bear the duty to stimulate the development of middle and small-scale enterprises, Based on the background and current development of China's middle and small-scale enterprises, and aimed at protect and promote their development, the author analyzes the pursuing value, policy goal and institutional status. Then the author discusses the necessary legal assistance for these enterprises and how to establish and perfect the concerning legal institutions.This article includes seven chapters.Chapter One: A brief introduction of the legal issues concerning middle and small-scale enterprises, the academic achievements, the unsolved problems and the structure and research methods of this article.Chapter Two: A brief introduction of middle and small-scale enterprises. The article begins with the definition of middle and small-scale enterprises. With a comparative review of the definitions of middle and small-scale enterprises abroad and a study of the history of China's practices, the author puts forward some basic principles for the defining of China's middle and small-scale enterprises and offers his own definition. The author also illuminates the nature and law forms of middle and small-scale enterprises and the problems of the definition in the Middle and Small-Scale Enterprises Promotion Law. Then analyzing the development of China's middle and small-scale enterprises, including the history, the roles they have played, the inferior position in the market and the reasons, explores that the sound development of middle and small-scale enterprises needs governmental support and the government also needs to do so in order to realize its economic functions. And therefore the government needs to provide them with both institutional support and legal protection. At the same time, the author also discusses the particularities of middle and small-scale enterprises from the perspective of legal institutions.Chapter Three: Pursuing values of China's legal institutions of middle and small-scale enterprises. The analysis in chapter two explores that middle and small-scale enterprises need legal protection and the government needs to support the development of these enterprises. The law of middle and small-scale enterprises is in harmony with market economy and such law should aim at equality, safety and development. China's law for middle and small-scale enterprises shares the nature of industrial policy. From the perspective of China's industrial policy, it should assimilate the above-mentioned values so as to meet the needs of our industrial policy. The legal institutions are essential for the stimulation of middle and small-scale enterprises and the promotion of China's industrial policy.Chapter Four: Policy goals of China's legal institutions for middle and small-scale enterprises. To a certain degree, policy shares the nature of law and has binding forces of law so that it will be ruled and safeguarded by law. Policy and law can integrate harmoniously. China's legal institutions for middle and small-scale enterprises embody our policy for these enterprises, so the following policy goals must be established: the regulation of governmental behaviors in the field of middle and small-scale enterprises, safeguarding of the survival and development of middle and small-scale enterprises and the harmonious development of our industries.Chapter Five: The status of China's legal institutions for middle and small-scale enterprises. The values and policy goals of the legal institutions for middle and small-scale enterprises are essential for the sound development of China's middle and small-scale enterprises. After discussing the history and evolution of lawmaking process for enterprises, the author analyzes the problems of our current legal institutions, including interior structure, market access, financing guaranty, property rights and legislation.Chapter Six: The perfection of China's legal institutions for middle and small-scale enterprises. After reviewing and analyzing the practices in other countries, the author offers some suggestions on how to perfect China's concerning institutions in the field of middle and small-scale enterprises, such as market access, financing guaranty, modern enterprise property rights, and so on.Chapter Seven: Conclusion. A brief summarizations of the basic opinions about the legal institutions of improving middle and small-scale enterprises development, which based on the studying above.
Keywords/Search Tags:Middle and Small-Scale Enterprises, Middle and Small-Scale Enterprises Law, Legal Institution, Legal Value
PDF Full Text Request
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