Research On Chinese Enterprise Legislative System: Review, Refleciton And Reconstruction

Enterprises are the basic economic subjects, so the legislative governing economic activities may be summarized as the"enterprise law". Legislative concerning enterprise accounts for majority of the laws concerning market actors. China is no exception. Review the process of enterprise legislative since the founding of our country, especially since the reform and opening up, we can say that the enterprise legislative of our country accompanies the reform of enterprise system, and has formed some features of its own. With the reform of enterprise system and the transformation from planned economy to socialist market economy, the enterprise legislative of our country has achieved great development and has basically realized the change"from status to contract". However, the current enterprise legislative still has some components under the planned economy system, the ownership still influence the enterprise legislative of our country, and the enterprise legislative system is still not perfect. Viewing the development of Chinese enterprise legislative and making objective and reasonable assessment of the enterprise legislative system are necessary preconditions to further improving the enterprise legislative system. This thesis is to pointing out the structural defects existed in the current enterprise legislative system through reviewing, summarized and reflecting the formation and development of Chinese enterprise legislative system since the founding of our country, and bring forward the vision and concrete measures to reconstruct the Chinese enterprise legislative system by combining with the experience of relative foreign legislation. The thesis is divided into three parts, the preface, text and conclusion,and the text is divided into four chapters.Chapter 1 specifies the formation and development of Chinese enterprise legislative, and provides the basis of commentary and analysis for the full text. In general, accompanied with economic development, the Chinese enterprise legislative can be divided into the enterprise legislative during the planned economy period and the enterprise legislative during the reform period of economic system. This chapter introduces the enterprise legislative according to different phases within respective period.Chapter 2 discusses the structure of the current Chinese enterprise legislative system, which contains enterprise legislative as the standard of ownership, enterprise legislative as the standard of organization form and enterprise legislative concerning industrial policy. Then, make affirmative from the perspective of history and reflect from the perspective of practice on Chinese enterprise legislative, and consider that there is structural defect existed in the current enterprise legislative and some problems needs to be resolved without further delay. At last, analyze the reasons why the structural defect exists in the current enterprise legislative, and find that it is because objective economic environment on one hand and the influence of ownership to Chinese enterprise legislative on the other hand.Chapter 3 pays attention to the enterprise legislative of main economic countries such as France, Germany, Japan, United States, and Britain. Then, through comparing Chinese enterprise legislative with that of foreign counties from the aspects of main compositions, criteria for the classification of legal forms of enterprises, legislative on state-owned enterprises, derive some revelations to improve Chinese enterprise legislative system, which include unifying the enterprise legislative criteria to establish enterprise legislative system in accordance with the rules of market economy, adapting enterprise legislative to needs of economic development in different historical stages, and adhering to the fair competition concept among enterprises.Chapter 4 brings forward vision and measures to reconstruct Chinese enterprise legislative system. Firstly analyze the necessity to reconstruct Chinese enterprise legislative system from outside aspect of need of socialist market economy system and inside aspect of failure to undertake the task to improve within the current enterprise legislative system. Then discuss the issues to be consider when reconstruct Chinese enterprise legislative system. That is, adopting the organization form to be the criteria of classification of enterprises, determining the primary composites of future enterprise legislative system by combining international legislation experience and Chinese actual situation, clarifying the legislative approach of state-owned enterprises, and unifying legislative of foreign and domestic investment. The future enterprise legislative system should include:"Individual Investment Enterprise Law","Partnership Enterprise Law","Company Law","Equity Joint Ventures Enterprise Law","Cooperative Law"as the basic laws,"Public Enterprise Law"and"Foreign Investment Administration Law"as the special laws,"Township Enterprise Law","SME Promotion Law"and legislation concerning guidance of foreign investment as enterprise policy legislation and relevant supporting laws and regulations. At last bring forward specific measures to reconstruct Chinese enterprise legislative system such as abolishment, amendment and enactment.