The Legislation Of Economic Self-government Organization In China

Economic Self-government Organization in China has made a great development since Opening and Reform, but the Law of ESO is still in short, so its development encounters institutional restraints. The legislation of ESO has great significance on its development , the legislation, and the democracy of society.Section 1 discusses the core theory of ESO. Economic Autonomy is the fundam-ental properties and core features. First, on the basis of the Priest's and Schaede's two different Models of research on Economic Autonomy, to establish the dual-track system of authorization and spontaneity, summarize and refine the intrinsic elements, such as exclusive capital, organization freedom, and Latitude of action in autonomo-us mode. Second, from different perspectives, such as Right, Power and Obligations, to proof the nature of Economic Autonomy, which contains multi-dimensional comp-ound: Autonomy, the main of which contains right of (not)forming an association,has the property of right; Self- government, the main of which contains the right of enact articles of organization, Inherent Management, has the property of Power, and produ-ce the effects of other-regarding; as the intermediary between the Market and the Go-vernment, it has the property of service obligations.Section 2 discusses the justification of system in Economic Autonomy. From the values of Freedom and Democratic, take the analytical methods of natural law and p-resent law to argue its legitimacy, also, from the value of benefit to argue its rationa-lity.Section 3 discusses the legalist model of system in Economic Autonomy in typical States. Study in four aspects, such as access system, legal status, governing structure, the content of power and then give comparative analysis.According to the analyses above, section 4 provides an elementary structure for the legislation of ESO, on the basis of the practice of ESO in China, and the drawing on the experience of the relevant abroad legislated. Propose some advices: Perfect the right to freedom of association, release access system; Make legal status in ESO cleared, rationalize the relations; Clear the main content of Economic Autonomy; at last , perfect the structure models, which constraint Economic Autonomy.