The Research On The Law Concerning The Competition And Development Of The Small And Medium-Sized Enterprises

The economic development in many countries have demonstrated that small and medium-sized enterprises(EMS) are indispensable and fundamental to the development of national economy. In a country, their capability against economic instability became obvious in the financial crisis in the 1990抯, which led to the reevaluation of the role of SME and the setup of the studies of law and regulations concerning with SME. Considering the important role and function of SME in the national economy in many countries, people in various fields, like government, economic circles, jurisprudence circles and industrial and commercial circles are attaching great importance to the aid, protection and support of the SME. Many countries have enacted laws to spur the development of SME, for example, in 1953 the United States of America passed Law on small enterprises and Japan enacted Law on. the organization of SME, etc. Besides the laws mentioned above, the majority of countries stress the importance of laws concerning the competition and the development of SME and then laid down laws like Laws on Against Monopoly and Law on Combating Limitation of Competition, to protect the SME, in case that large enterprises or monopoly groups impose barricades and limitation on the development of SME. Ths paper starts with framing the basic theory between competition and SME and discusses the dialectical unity between the competition and the development of SME. The paper puts several forward proposals and suggestions on the issue of law-enacting on competition and the development of SME while taking the practicing on this issues in European Union, the United states of America, Japan and Germany as examples. By doing so, the author hopes that others may come up with valuable opinions and ideas on this issues and that more and more colleagues can spend more effort on and engage themselves in the study of this problem in the jurisprudence circles to solve the legal system using law competition to protect SME.