On Selecting Of The Concept Of The Subject Of Enterprise Law Of The State-owned Enterprise

The subject of enterprise law is the core of enterprise law, the concept of the subject of enterprise law is the concept that the enterprise is the subject of enterprise law, is the keyword of the enterprise lawmaking. The concept of the subject of enterprise law has the important action to the enterprise lawmaking and to the applying of enterprise law. The existence appearance of the enterprises always expresses combining the outside organized form of the enterprise with the inside economic property of the enterprise. The concept of the subject of enterprise law is an expression to the existence appearance of the enterprise on the law (namely the enterprise law appearance), and is the comprehensive performance of the economic property of the enterprise and the organized form of the enterprise on the law. To be the keyword of the enterprise lawmaking, the concept of the subject of enterprise law must express the enterprise law appearance accurately, clearly, practically. The state-owned enterprise concept only expresses the economic property of the enterprise, but doesn't explain the organized form of the enterprise, is not the statement of the enterprise law appearance, can't be the concept of the subject of enterprise law . Various enterprises formed in the reform and the development of the state-owned enterprise can belong to six kinds of the enterprise law appearances, or can be expressed to be six concepts of the subject of enterprise law, namely the public enterprise, the public company, the relative public company, the public business cooperative, the public held company, the public cooperative enterprise. These sixkinds of enterprises are called together as the public property right enterprise again that is the legal person or the no-legal-person economy organization invested all or partly by the public property investor, and containing the public property right, and having the management characteristic. Our country should make full use of integration of the current state-owned enterprise laws and regulations, perfect the enterprise lawmaking of regarding the public property right enterprise as the concept of the subject of enterprise law , and put 《the industry enterprise law of the system of ownership of the whole people》etc. that regard the economic property of the enterprise as the concept of the subject of enterprise law and 《company law 》etc. that regard the organized form of the enterprise as the concept of the subject of enterprise law into 《public enterprise law 》, 《public company law 》, 《company law 》, 《public business cooperative law》.