On Perfection Of Legislation Of Chinese Private Owner Enterprises After Entry To WTO

Since the third session of the eleventh NPC and China's Open and Reform, private owner enterprises are developing strongly, with the unprecedented vigor showing in market economy; and all indexes show that it will be the main part of market economy. With the legal position of Chinese private owner enterprises growing, the issuing of Constitution revised draft 2004 edition provided the protection and promotion of private owner enterprises with broader legal space. Some local legislation institutions also published a series of local regulations in order to develop local private economy. China's entry to WTO bestows private owner enterprises with broader international space.China's entry to WTO means our rules must link with international market regulations. Domestic legislation face two problems: the adaptability of international regulations and whole harmony of domestic legislation system. By the demonstration of definition and characteristics of Chinese private owner enterprises and the five steps of Chinese private owner enterprises legislation, this article explains the situation of private owner enterprises in the special market economy country, and then concludes problems based on these three principles. As how to settle down the legislation problems, this article adds choosing foreign private enterprises legal regulations to Chinese legislation, and poses suggestions for our legislations: First, make legislation and legal items confusion perfect; second, implement substitute taxation system on private owner enterprises; third, make the legislations of middle and small private enterprises be perfect and give some detailed suggestions. For legislation of private owner enterprises, this article advocates abolition of "Regulations on Legislations of Private Owner Enterprises of PRC" and the perfection of promotion rules of Chinese middle and small...