| Partnership Enterprise, which is an ancient and a viable form of business organization, has a long history. In China's planned economy era, the state controlled the market of production, distribution and consumption strictly, thus limiting the development of partnership enterprise. Since reform and opening, the state has encouraged individuals, private and other non-public economic development, partnership enterprise also glow its unique vigor and vitality. "PRC Partnership Enterprise Law" (hereinafter referred to as "Partnership Enterprise Law") amended in 2006, which is another symbol legislative achievement. Company, partnership and sole proprietorship are all the main commercials subjects to adapt the development of market economy; there is no discrimination between them. Therefore, as a law which works with other market laws to adjust the relationship between the partnerships, Partnership Enterprise Law is also an important part of China's market legislation and it should being taken seriously. "Partnership Enterprise Law" in China's promulgation and implementation protect the legitimate rights of partnership and partners and interests of market economic order, having an undoubtedly of great significance on improving the legal system of China's enterprises.Current academic study of "Partnership Enterprise Law" is focused on the limited partnership system and the special general partner of the system, while the study with the angle of norms of Mandatory and discretionary is limited to corporate law, this article from the angle of compulsory norm and random norm study on China's "Partnership Enterprise Law,", it can be said is an innovation. Author experiences and tries to figure out the original intention of legislators through a comparative analysis of legal provisions of the partnership. Then the compulsory norm and random norm of the "Partnership Enterprise Law" will be defined and classified completely, in turn, re-examining the "Partnership Enterprise Law", and finding the entry point from the specification itself norms effects to study on legal analysis and research. In this way not only more in-depth experience of legislators in the "Partnership Enterprise Law" in the legislative intent, but also to tap into the negative factors of law affecting the overall effectiveness and the existing system in the gaps and shortcomings in practice, facilitating on the whole an accurate grasp of the law, in order to play on the originality of arguments that will certainly help.In this paper, with the method of data compilation and induction-to determine the research standards-identify problems-analysis of the problem-the idea put forward countermeasures proposed to start discussion, the article focused on part of the partnership law of peremptory norms and the boundaries of the analysis of arbitrary norms, with the angle of arbitrary and peremptory norms, the "partnership Enterprise Law", the existing provisions exposed problems and their solutions. In the exposition and analysis of these issues, we will find some of the enactment of legislation, which does not achieve the desired effect, we can feel the interaction between the interests of the game and legislators weigh the pros and cons. Partnership through the legal system of multi-angle considerations, we can research theories into practice to solve the problem for the future "Partnership Law" Legislation to make constructive comments.Text is divided into four sections to discuss:The first part mainly discuss basic theory of compulsory norm and random norm through "Partnership Enterprise Law" and other relevant legal provisions. First we introduce the meaning and type of compulsory norm and random norm. We raised the point of view to the academic controversy, clear the research angle and direction. Secondly, we describe the function of compulsory norm and random norm combined with role in the private law. Finally, from contrary and uniform angle, the author combined characteristics of the private law of the partnership enterprise law and we summarize the relationship between compulsory norm and random norm.The second part, mainly discuss the standard of arbitrary and peremptory norms in the "Partnership Enterprise Law", and find out the standard and the basis of configuration. On the one hand, the author identify the basic principles to support the following specific configuration. On the other hand, efforts to elaborate the specific criteria of standard configuration after a brief introduction in foreign countries. In this section, the article analyse the particular phenomenon through the form of statistical charts to highlighted private property of Partnership Enterprise Law. Taking into account the different legal norms of the legal relationship between the classification and configuration is not absolute, in order to avoid the rigid classification of the confusion caused by the practice, we have the "Partnership Enterprise Law"in the different situation of the sort, concluding with the"partnership enterprise law"arbitrary and peremptory norms of the configuration of more scientific methods.The third part, being mainly from the angle with the arbitrary and mandatory norms applied, exploring potential exploring potential problems on judicial practice. Issues raised by the dispute, identify the current China's "Partnership Enterprise Law"to solve the problem in the existing legal system, through the arbitrary and peremptory norms of angle, combined with the legislative intent of the system, a comprehensive analysis of rationality; if lack of legal mechanisms to resolve the issue, through the standards classification of the arbitrary and compulsory norms, the nature of the problem belongs to which the initial specification to determine the adjustment range for the sound system later to provide some research directions.Parts IV is the legislation proposals of "Partnership Enterprise Law". According to our country's judicial environment and legislation of current status, the author respectively resolve the dispute in the third part, We can use the theory in the activity to perfect the legal itself, and this innovation angle of research will help us to fill the gaps in legislation and will provide a new research thinking for revision and improvement of "Partnership Enterprise Law". |
PDF Full Text Request