Legal Thinking Of Administratively Closed-Down And Suspended Enterprises

This paper aims to use empirical approach to legally think of China's legislative mode of enterprises administratively closed-down and suspended,and of the phenomenon of enterprises administratively closed down and suspended beyond laws.On this basis,the perfect proposals on legislation of enterprises closed down and suspended are proposed.This paper points out that business as a legal entity created by law ,of which the existence rights have an independent legal attributes and values,should be seen as values and attributes of human rights , and should have the same high degree of protection of human rights.China's law on the legislative positioning for administrative penalties to enterprises closed down and suspended, excessive and overcharging legislative cases of enterprises closed down and suspended,not enough to retain the law, not enough to judicial review, single means ofjudicial relief, missing of legislative restrictions and too much space to enterprises administratively closed down and suspended beyond laws, plenty of issues of enterprises closed down and suspended and so on all are closely related to the deviation of legal awareness of the attributes and values of enterprises existence rights.Of course, in order to safeguard the public interest, enterprises closed down and suspended can not be avoided or are even necessary, but the legislation for enterprises closed down and suspended should conform to the principles of law retain ,of trust protection, of proportionality, of acceptability ,of proper administrative procedures etc, and should absolutely prohibit of the enterprise closed down and suspended beyond laws.Against China's legislative problems of enterprises closed down and suspended and the phenomenon of enterprises closed down and suspended beyond laws, the author made six perfect proposals on legislation in accordance with the relevant legal principles.