On Several Problems Of Enterprise Law

Enterprises are association for malting profits which are built in accordance with the law and act in market by themselves names. Enterprises which focused on a sorts of social relations are the social form of peoples practicing. Enterprises go in for production and operating activities, They aim at making profit, have the certification of main body in market. Enterprises based on the investing acts of investors. The question on enterprise's property right is the core in Chinese enterprise system. The level of productivity development, the level of market development and the level of enterprise system coordinate with each other and mutually conditional. Enterprises are the main stay body of the market. Enterprise law is essential to the legal system of the market. Ruling enterprise by law determines the market operation and economic development.This article deals, theoretically, with some basic issues in enterprise law; some suggestions are gived in the theorical way. Empharizes on:Value and principles of enterprise law ;Interest entity related;Validity of property; The article prove: The elements to be considered in forming the value of enterprise law consist of the nature of enterprise, the relation between enterprise and market. Values on enterprise law are efficiency, freedom and safety. Efficiency is the main standard of enterprise's work ; Freedom is the core of self-ruled in private law. Enterprise which work as a market body enjoy freedom, which is the inner requirement of enterprise in market operating . Safety is the inner requirement of enterprise and ensure the everlasting and realizing of freedom, equal, fairness. Basically principle almost consist of all values of law. The Basicprinciples of enterprise law are: (1) The principle of adapting to market; (2) The principle of independence of enterprise; (3)The principle of benefit balance. The relating interest bodies in enterprise include: The investor, the manager, the employee, The other party of contract, country, social people in common. Enterprise property right is the right of all economic resources that can be owned and used in wide sense, enterprise property right is the ownership of enterprise. The validity of enterprise property right is the key problem in enterprise law. The own of property right should be fit for the enterprise's owning and using in the market operating, should realize the improving of the property right. Contract is the basic form of exchanging in market, in the condition of market economic, All exchange should be realized by contract. Enterprises obtain economic benefit by merchandise exchanging, the organization and action of enterprises consist of a sort of contract relation. Civil law is the basic law in the law system of the market economic. It adjusts the human relation and property relation between equal body, enterprise legislature should be restraint by the principles of the civil law The basic principles and systems can be used in the enterprise law in general.