| Business freedom as a fundamental right of citizens now in most countries in the world, has been confirmed and protected in various forms. Establish and improve the business freedom constitutional and legal security system has very important significance: on the one hand, the individual citizens, it can use its own citizens engaged in for-profit business activities of property, realize self development to provide protection; on the other hand, to the country, it is conducive to the protection of national industry and commerce, especially the development of private industry, to promote the national economy’s thriving and prosperous, so as to realize the great rejuvenation of the nation. At the same time, because of the characteristics of business activities of self-interest, which determines the certain legal restrictions on freedom of business is necessary. However, liberty property business freedom to decide how to limit and adopt the standard is a very difficult thing to. Therefore, to find a balance between protection and freedom of business of a meeting point is a major subject. History can be wise, we start from the free business in China is introduced into the source, on the construction of business freedom rights system of modern Chinese history, reference in dealing with business freedom problem of wisdom in modern China, to construct the freedom of business law system which has Chinese characteristics at present, has very important significance to protect the fundamental rights of citizens.Modern Chinese business idea of freedom and "ruin the state and destroy the race" in the sense of national crisis comes into China, therefore, China business legal system’s construction from the beginning with a strong "salvation","national rejuvenation" utilitarian color. Specifically, the countries of the "business freedom" legal protection, restriction and support, with the industrial and commercial (industrial) was closely related to the status of private capital in the development of national economy. At the end of the Qing Dynasty, with the foreign invasion, the westernization movement development, people gradually realize the national industry and Commerce (industrial) important role in revitalizing the country, therefore, the construction of legal system of business is to protect the "freedom of business" as the core. After the establishment of the Republic of China,"industrial salvation" thoughts is like a raging fire, has become a community consensus and "faith", although in the early Republic of China state regime change frequently, and the warlords constantly, but the national legislation on freedom of business is to "protect", there are many constitutional document of this period and the draft freedom of business terms also profound illustrates this point. After the Nanjing national government, with the unified national regime, affect the further development of market economy and the international situation, the country began to recognize the limitations of market regulation and the private capital in the national economic development in the negative, to Mr. Sun Zhongshan in the "regulation of capital" theory as a guide to develop national freedom of business law system. During this period, freedom of business presented free social characteristics, and the state of legislation to restrict freedom of a corresponding increase in business. Since then, the government of the Republic of China did not have a good grasp of the business freedom between legal protection and legal limit equilibrium state intervention in business, more and more freedom, that is used by the privileged bureaucratic group, eventually different into bureaucratic capitalist countries, the freedom of business (especially the private sector of the economy) legal protection are all gone, become empty talk.In this paper, according to this idea, the article is divided into five chapters. The first chapter is to explain and analyze the basic theory of the freedom of business law. This chapter is divided into three sections, the first section of the business, freedom of business and its characteristics were defined, summarized, thus selects the research object of the thesis "business freedom", for the next research set the tone. The second section mainly analyzes the "ideal relation between business freedom" and the constitution, law, and the modern state law to "business freedom" regulation and business freedom is an overview of development. The third section introduces the ancient Chinese operating system:can Que system, licensing system and free operating system, and through the analysis of all kinds of system in ancient China, it has no business concept of freedom, is not likely to have a guarantee of freedom of business legal system.The second chapter is to construct the social change of the legal status of the freedom of business analysis, this chapter is divided into three sections. The first section of the freedom of business law construction conditions are introduced, the analysis of our country from ancient to modern society in the process of social reform ideas of freedom, freedom of business business initiation system of social conditions. Various forms of second day free business idea at the end of the Qing Dynasty is summarized, summary. One is the subject from the development status of the chamber of Commerce, business to business freedom perception of germination factors; two is from the point of view of the main government and private capital strength-to participate in the business activities, through the analysis of the various forms of enterprises run by business management, in order to confirm the business freedom is inherent requirement of the development of China enterprise and even the national industry and commerce at that time; three is the comprehensive study of the strata in the late Qing Dynasty the main political factions, merchants and business ideas of freedom, so that the pursuit of freedom of business has become the consensus of the community. The third section mainly introduced and the implementation of construction of the freedom of business law. The section of a comprehensive study of the constitutionalism in the late Qing Dynasty and commercial legislation on freedom of business law, and on the status of implementation of the business freedom is investigated, analysis.The third chapter mainly introduces the construction and implementation of early Republic of China freedom of business law, this chapter is also divided into three sections. The first section of the building in the early Republic of China freedom of business process conditions are summarized, analysis, think with respect to the late Qing Dynasty, the early years of the Republic "first people" have "business freedom" as a " fundamental rights", and began to seek the constitutional, legal protection; the second section provides an overview of the early Republic of China the main business ideas of freedom, one is the first national business conference business freedom of thought, the condensation of the early Republic of China Industrial and commercial circles about the freedom of business point of view, it followed the Chinese legislation for "merchant" the traditional views, which are embodied in the early Republic of China; two is the early years of the Republic of the two agriculture minister Liu Kuiyi, Zhang Jian’s business freedom thought, which represent the official mainstream views on freedom of business at the time of the. These ideas are embodied in the early years of the Republic of China freedom of business law, and has a certain influence on the freedom of business process implementation. The third section was studied in the early Republic of China freedom of business legislation and its implementation, including the early years of the Republic of China Constitution documents and draft constitution of the freedom of business terms and in1914"businessman","rule" and so on a number of the Companies Ordinance commercial regulations embodied, and the implementation of the status of the study, analysis.The fourth chapter mainly introduces the period of Nanjing national government (1927-1937) the business freedom law construction situation, this chapter is also divided into three sections. The first section introduces the social and historical background of the period of free business legal system construction, mainly from the economic development, the political foundation and other aspects. Section second outlines the period of free business ideas. For the period of free business legal system mainly is Mr. Sun Zhongshan in the "regulation of capital" concept as the instruction set, so this section focuses on MR Sun Zhongshan and his successor Song Ziwen business freedom of thought, from their minds can find that business causes free of legal system construction and the main proposition. The third section mainly on the freedom of business legal status are described, including the Constitution also includes the provision about the business freedom in civil law.The fifth chapter is the conclusion part. This is mainly divided into two parts, the first part is to the modern Chinese business legal system’s summary, including the relationship between government and enterprise to construct the freedom of business law, business, the chamber of Commerce to important business freedom legislation and the role of the local resources in the business freedom in the construction of the legal system; the second part is the modern enlightenment of modern business free legal system, namely the current construction business freedom rights system can draw lessons from the modern Chinese which business freedom in legal construction, it mainly includes the necessity of business freedom rights into the constitution, attach importance to freedom right business freedom (or negative freedom nature), pay attention to the development of private enterprises in order to prevent the bureaucratic capital combination. |
PDF Full Text Request