Company Study Of Human Rights

Under the socialized production, the company takes the property union in an advanced way, the status, the land, the trust union's tradition classical production method breaks thoroughly, it has become the market economy mainstream. From the macroscopic stratification, the national economy construction task take the company as the main unites. The company, the upstream and downstream enterprise, provide the employments and the consumption. In some sense, the company benefit suffers injury means that the reduction of upstream and downstream employment and the consumer welfare's loss. But, the capital actually frequently becomes by the favorable mercenary spirit and the Marxism to each pore dirty classics elaboration eliminates the reason that protects the company's most basic right. People never remember these unit bearing heavy responsibility of social employment and the daily production. But people have undertaken the resources waste consequence. How to protect the market economy the continuous prosperity? More than 200 years, the world history and the majority country's successful experiences already provided the example for our country, the constitution entrusts with the person the right widely have also been entrusted with the company, henceforth, the national regulation established institutional with the company basic right to be balanced.The constitution, which entrusts with the 'person ' each right, writes by no means above the wind-drift sand. On the contrary, it is the innumerable wisdom deposition, promotes the social progress that cause the constitution becomes immortal. The future will be the matter of constitution care, although in the legislative initial period, the worthy peoples of former times will also be unable to foresee. We must not only limit to the constitution already was anything, but must see, the constitution protected the right. If we cannot achieve like this, then the constitution protection will not have any significance, and, passes along with the time, this constitution entrusts with the right will also turn does not have the life formula, these spoken language of constitution will load bearing right, also will lose its feasibility.Over the last two hundred years, a corporation would only be granted a constitutional right if the reason that a natural person is entitled to the right apply equally to a corporation. As a result, a modern lawyer knows only that a corporation is considered a legal person but finds that terminology devoid of content. The clearest statements of this early nineteenth century view of corporate property as artificial appear in the seminal Dartmouth College case.In view of the fact that the constitution gives the social development the most indelible right, in view of the fact that the legislator cognitive ability possibly is limited, in view of the fact that compares the market trading individual to the government administration ability to have the overwhelming superiority fear, in view of the fact that ignores the legislative goal which and method deviation since long to the market main body right brings, I have this not the deprivable right of the market and safeguard mechanism explain in this article. So that legislator in time of regulative economy can always momentarily remember the legislative goal and the method relation, so that the economic freedom can obtain the social standard, the public interest respect, so that the company can may use some indisputable principles to maintain its treasures right.(1) If there has no balance system of company foundation right's comprehensive protection, we do not have a health market economy. (2) Economic legislation is not certainly moderate, the legislator cannot both legislate, and prove itself moderate simultaneously. (3) Restricting the intervention and the intervention authority are equally important, or the restriction of intervention is more important than the intervention itself. (4) intervenes needs and the restriction intervention need are the same level need.The regulative authority needs the institutional restriction. (5) The market legislation must by fair, no biased third party should listen to the legislator and the regulator both sides opinion equally, and brings honor to the economic legislation persuasive reason through this way. (6) The company right needs institutional protection, the regulative authority also needs the institutional restriction.When economic legislation to be carried to the examination, the world general principle is: (1) whether the goal of legislates does conform to the safeguard of constitution fundamental human rights; (2) whether the basic right is stems from 'to be compelled, the urgent public interest'; (3) whether the goal of legislates have the possibility of realization; (4) whether the method of legislates conform to legislative goal need (5) whether there is another methods to be possible to achieve this goal (6) the method cost proportion principle; (7) social standard by no means in all cases is fundmantal.In summary, the world free-market economy development's history tells us: The restriction state intervention has not been the suitable state intervention. To the market economy healthy development, this article widely collected 5,000,000 character English material, studied more than 300 mature legal precedents so that others may offer their valuable ideas,to provided the worldwide basis experience and build system balance between the state intervention and economic freedom.