The Study Of Legal Protection Of Fair Competition Right Of Private Enterprise

Imperfect market reform results that the private enterprises is being a special group, which lost the rule of government and market, and it ’s fair competition right suffered a great challenge, because there is no support from the government and the market. Private enterprise is the one which funded by the Chinese national company, its very nature is an important part of the market economy, and its right to fair competition is eligible to participate in its fair market competition. Setting fair competition right of private enterprise in theory have the necessit y and legitimacy, in the system, there are both positive and negative aspects of the regulations for protection. Analysis the process of The right to fair competition of private enterprises, it’s discovered that there are protection hard of legal interest, unequal access of market, unbalanced policy of financing, unequal tax policy and to impede the right of fair competition by other competitors. The reason to cause the obstacles above is that there lack of knowledge of economic legislation and imperfect legal protection mechanism and the political association with private enterprise is not enough. To solve these problems, it should improve economic legislation to set a right of fair competition and the right of private enterprises to fair competition; It should improve the legal protection of private enterprises in order to achieve equal access; And it should improve the right of private enterprise to fair competition by law enforcement, judicial protection; It should get rid of the association between political and business in order to achieve equal treatment of private enterprises in financing, taxes, government procurement and resource policies. Finally, it is to realize the right of competition of private enterprise.