The Study On Legal Problem Of Regulation Of Medium-sized And Small Enterprises

With the rapid development of economy, medium-sized and small enterprises are developing differently during various periods of time. Under the developing pattern, being large-scale and grouping, of current world economy, they still present a tendency to expand fast because of such advantages as small scale, strong competitive and innovative awareness, and flexible management. Especially when governments around the world are having a deeper understanding of the effects which medium-sized and small enterprises have on the development of national economy, they gradually strengthen legal control over these enterprises at home. In China, these enterprises are always the important force to support the rapid development of national economy. Chinese government has already begun making laws, regulations and policies to help them develop. Under the impact of international environment in particular, our country is speeding its steps to help and support these enterprises. After considering many countries' present legal control over medium-sized and small enterprises, and facing the practical development difficulty of these enterprises in our country, this paper tries to provide some suggestions suitable to perfect Chinese legal regulation of medium-sized and small enterprises.Part one is the theoretical basis of the paper. It first states the relations between medium-sized and small enterprises and macro-control, and based upon the legal definitions and standards of these enterprises, makes it clear that macro-control has a vital effect on the development of medium-sized and small enterprises. By referring to the fundamental theories of macro-control laws, the paper points out the status and impact of Industrial Policy Law in promoting the development and expansion of these enterprises, making its impacts better showed and theoretically guaranteeing the legal regulation of medium-sized and small enterprises.Part Two studies the legal regulation of foreign medium-sized and small enterprises. It mainly analyzes such nations with more advanced measures of legal regulation as Japan, France, Italy, and the United States. After making complete and detailed studies on their characteristics and advantages of legal regulation of medium-sized and small enterprises, the paper compares the present legal systems of these four countries and puts forward that the presupposition of perfecting the legislation for medium-sized and small enterprises is to have a clear idea of the status of medium-sized and small enterprises laws in the whole national legal system. Meanwhile, it pays attention to the legal regulation in developed countries dealing with the financing problem, i.e. the "bottleneck" to hinder these enterprises' development, the government support, technological innovation, market exploitation and enterprise services, and the implementation of specific solutions.Part Three is the analysis of current legal regulation of medium-sized and small enterprises in our country. On January 1, 2003 the official implementation of Medium-sized and Small Enterprises Encouragement Law of the People's Republic of China marks that our nation is making a further move in the process of promoting the development of medium-sized and small enterprises and standardizing the legal regulation system. This law's promulgation and implementation lay a foundation for the medium-sized and small enterprises' legal system which is gradually formed later. However, as far as the current development of these enterprises is concerned, they are faced with a lot of difficulties in the legal practices. Many problems, like the support for the founding of enterprises, financing help, technological innovation, market exploitation and social service systems, are limiting to some degree the thriving development of medium-sized and small enterprises. Therefore, our nation should make specific laws and regulations aiming at these urgent problems.Part Four is the conclusion of the paper. In order to perfect the legal regulation of Chinese medium-sized and small enterprises, it is required not only to pay more attention from the aspect of legislation, but also to make more complete encouraging measures for these enterprises on the standardization of governmental enforcement of laws and on the guarantee of laws. On legislation we should make as soon as possible relevant laws and regulations of Medium-sized and Small Enterprises Encouragement Law, revise timely those laws that did not fit the real conditions, and at the same time give the legal procedural rights to medium-sized and small enterprises to guarantee their rights. On the standardization of governmental enforcement of laws, we should change the government's ideas, define properly the relations between the government and medium-sized and small enterprises, and thus in the administrative enforcement of laws we can enforce the laws legally and reasonably. On the guarantee of laws, we should adopt the principle of giving moderate legal protection to these enterprises so as to reach the ultimate goal of promoting their development.