Research On The Equal Protection System Of Property Rights In Mixed Ownership Enterprise

With the development of market economy in our country and increasingly deepening of opening to the outside world, the mixed ownership enterprises in our country obtained rapid development in the number and size. Especially by the further deepening of the reform of state-owned enterprises, the state-owned capital gradually withdraw from competitive, promoting the rapid development of the mixed ownership enterprise. The mixed ownership economy is more and more becoming the driving force for the mutual integration and common development of property right subject such as the state-owned capital, collective capital, private capital, etc. But, for a long time, the protection of the state-owned capital, collective capital and non-public capital property rights is inequality and imbalance. on one hand, there is not equal protection for private, individual, foreign investment and other non-public capital property rights; on the other hand, Problems such as rigidity and absence of the property rights protection mechanism of state-owned capital and collective capital, and so on. Thus, perfect protection system of property rights needs to be established to solve the above problems. Improving equal protection system of property rights is related not only to the establishment of modern property rights system, the effective implementation of the mixed ownership economy, but also the comprehensively deepening of the reform of the construction。 In view of this, deep research is conducted on the equal protection system of property rights in mixed ownership enterprise in this paper.This article is divided into three parts; the main contents are as follows:In the first part, general theory of the equal protection system of mixed ownership enterprise property rights are illustrated. The important concepts of mixed ownership、mixed ownership enterprise、property right、equal protection of property rights are defined. The paper briefly introduces the development situation of the mixed ownership enterprises in our country and analyzes the reasons why mixed ownership enterprises are developed in our country. The necessity of establishing equal protection system of property rights in mixed ownership enterprise in our country are put forward. In the second part, the methods used in the equal protection system of property rights in French and British mixed ownership enterprise and the reference for our country are discussed and analyzed. Especially the protection system for French and British mixed ownership enterprise property rights are emphatically analyzed, and from the perspective of comparative study, four aspects are put forward to draw lessons from the methods used in the mixed ownership enterprise property rights protection system in French and British. In the third part, existing problems in the equal protection system of property rights in mixed ownership enterprise in our country are first discussed., concluding that the protection construction in the protection of property rights in mixed ownership enterprise in our country is found unequal 、 the legal system is found not perfect, and that there are not a complete set of professional services, and relief mechanism and so on. After that, some suggestions are put forward as how to perfect the equal protection of property rights in mixed ownership enterprise in our country. By following equal protection and the basis of the principle of fairness, justice, public, lessons are draw from the experience of the French and British mixed ownership enterprise property rights equal protection system. Combining with our country’s national condition, the equal protection of property rights in mixed ownership enterprise in our country will be improved from the following three aspects:improving the equal property rights protection system、 improving the legal basis of equal protection of property rights、 and forming a complete set of professional services and remedy mechanism.