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Outline Of Basic Economic Rights

Posted on:2009-09-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:S Q ZhengFull Text:PDF
GTID:1116360248451043Subject:Economic Law
Abstract/Summary:PDF Full Text Request
An enterprise is an organization being set up in accordance with the law for business with an independent or relatively independent status. Enterprise is an historical legacy of natural persons doing business. As the most important individual member for market economy, a natural person is not as much important as an enterprise in modern society. Under modern market economy, it is recognized that an enterprise as basic unit in social economic activities is very important. We concern and study enterprises' basic economic rights from legal perspective for the purpose that examining the relationship between individual economic rights enjoyed by enterprises and the government power performance for public interests to ensure the enterprises exercising these rights within the legal fields based on maintaining the balance between the two. The theoretical meaning for this thesis is to guarantee enterprises enjoying more sufficient legal rights to defend themselves from unreasonable intervention from state power. The meaning in practice is making market economic healthy in good order by protecting enterprises' basic economic rights and interests more effectively in building market economic legal system. As an economical unity of natural persons, enterprise receives its rights from natural persons. Following citizens' basic economic rights, we can fully learn the origin, essence, content, practical rules, outer conditions and legal protection for enterprises basic economic rights, as well as fully knowing enterprises' basic economic right.In the body of legal system, the task to study relationship between state power and market subjects especially the economic rights of enterprises is to be fulfilled by reasonable division and close match between economic law and the constitution, administrative law, civil &business law, and by breaking the hedges between the above laws at the same time. We shall trace back to study "rights", the basic legal topic, to settle problems in developing socialist market economy, and make clear the thought to protect enterprises' basic economic rights from state's illegal intervention. This thesis follows the following research route to carry out its statements: beginning from natural person's rights to citizens' basic economic rights, and finally extending to enterprises' basic economic rights, which forms the theoretical context. Based on a comprehensive introduction and recommendation on enterprises' basic economic rights in German, America and Japan, the author mainly focuses on contents and protecting-rules of enterprises' basic economic rights in our country. The author mainly studies the limits on enterprises' basic economic rights imposed by public interests and its extent in analyzing the exterior context for enterprises' basic economic rights. In the end, the author carries out research on constitutional protection on enterprises' basic economic rights which is the most fundamental link and most important field to realize protection on enterprises' basic economic rights. There are six chapters in this thesis.Chapterâ… is general principles on enterprises' basic economic rights. The concept of enterprises' basic economic rights is developed by following the route of "rights, human rights, basic rights, human basic economic rights, and enterprises' basic economic rights", of which, right is the core concept. This chapter introduces and summarizes the concept of right historically and comparatively. Based on this, the author proposes the implications on basic rights, and discusses its types. Then the author discusses the relationship between enterprises' basic economic rights and citizens' with a conclusion that the former comes from the later. In the end, the author makes clear the implication, nature and types for enterprises' basic economic rights.Chapterâ…¡is the importance of enterprises' basic economic rights and the necessity for constitutional protection. Compared with natural persons, the more important status and function for enterprises in history, economy and law in the market make it necessary to protect enterprises' basic economic rights. From the perspective of legal logic, if it is necessary to protect citizens' basic economic rights, it is self-evident to protect enterprises' basic economic rights, because it is more import compared with citizens. It is meaningful in practice to protect enterprises' basic economic rights for the following three factors: relatively weak theory on enterprises' basic economic rights, deficiency on the indirect and non-systematic nature of enterprises' basic economic rights, the necessary and urgent need to protect enterprises' basic economic rights. Chapterâ…¢is the analysis and revelations on enterprises' basic economic rights in foreign countries. There's no direct constitutional regulation in China for enterprises' basic economic rights. In this chapter the author focuses its discussion on laws and legislative rules in Germany, US, Japan and so on, summarizes the experiences and lessons in constitutional design in these countries in the hope of providing reference for Chinese constitutional design for enterprises' basic economic rights. This chapter mainly discusses Germany Basic law, United States constitution and its judicial precedents, Japanese constitution.Chapterâ…£is analysis on domestic rules on enterprises' basic economic rights. The author first makes clear that enterprises' basic economic rights involve the division and coordination of different parts in constitution, economic law, administrative law and civil-business law. The author mainly carries out his analysis from economic constitution and economic public law perspectives. From economic constitution perspective, though concerned in few places, it is mainly in great need. There are two kinds of enterprises' basic economic rights, which can be further discussed in the following four types: operation freedom, migration freedom, association freedom, and property rights, which are revealed specifically in economic law. In this chapter, the author mainly carries out theoretical and empirical analysis on the content, sorts, meaning, legal rules, and legal practice for enterprises' basic economic rights. This is core content of this paper.Chapterâ…¤is limitation on enterprises' basic economic rights and its border. After the author clarifies the implications on enterprises' basic economic rights, the importance and necessity to protect by law, and the specific rules, it is necessary to discuss limitation on enterprises' basic economic rights and its border. Then the author specifically analyses how to limit enterprises' basic economic rights within its border from public interests' perspective. For the procedural character and complex of public interests, the author continues to analyze limitation extend of legal reservation principle and proportion principle on enterprises' basic economic rights with reference to Germany.Chapterâ…¥is constitutional protection for enterprises' basic economic rights. The protection on enterprises' basic. economic rights and its limitation can only be realized by constitutional protecting mechanisms especially constitutional review. Only under these conditions, can the enterprises' basic economic rights go from theory to legal regulation, from regulation to social reality. In this chapter, the author analyzes the premise for constitutional protection on enterprises' basic economic rights, focusing on how constitutional protection system including constitutional review can effectively protect enterprises' basic economic rights.
Keywords/Search Tags:enterprises' basic economic rights, state power, public interest, rights protection, rights limitation, constitutional protection
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