On The Path Choice Of The Legal Institutions Of Collective-Owned Enterprises In Transitional China

The Collective- Owned Enterprise is an important realization form of collective economy, a practice of collective ownership,an important power boosting our country’s economic and social development. Due to the collective-owned enterprise, collective economy used to be the second major economic power of our country. Collective economy’s total industrial output value even exceeded that of the state-owned economy. At present, the development of collective-owned enterprise in our country is facing some “malaise”, namely “the marginalization, demonization,and fragmentation”. Where are the future of the collective- ownership enterprises? Let them just quit naturally from the stage of Chinese society and economy in the period of transition, or they can revive through readjustment to its system, and then continue to play a comparing advantage of political and economic in that peculiar brand of socialist market economy. This paper is based on Chinese ‘new normal’ economy, the background of social transition, the binary structure between urban and rural regions, the experience of the evolution of the law, in order to explore the way of collective enterprises’ future, to try hard to provide legal protection programs for the development of collective enterprises, and to come up with a new legal view of the guide of structural reform of supply side of current national economy.This paper is divided into four parts:The first part makes an exposition of the process of collective-owned enterprise’ forming and development. The development process of the collective-owned enterprise mainly consists of two parts. The first section makes an description of collective-owned enterprises’ forming and development from the foundation of New China to the Reform and Opening-up in 1978. The second section explains collective-owned enterprises’ development after the Reform and Opening-up.The second part is on empirical analysis which analyzes the status, reasons of collective-owned enterprises’ development. This part mainly uses the analytical method of the real example to analyze the present situation of judge with data at first and then analyzes the factors of influence on the development of collective-owned enterprises such as the law, the policy, the labor force, technology, asset one-by-one; finally, on the basis of data analysis, the reason whycollective-owned enterprises are facing difficulty is found..The third part describes the foundation of the existence of the collective-owned enterprises which are in the context of marketization. This part is on the basis of collective-owned enterprises’ development of the previous part. It makes an exposition of the importance, necessity and objective reality of collective-owned enterprises’ existence under the background of marketization from the aspects of politics, economic, social and advantages of the system.The fouth part is on the future direction of the collective-owned enterprises and the scheme of legal system of collective-owned enterprises. This section is based on the reason causing collective enterprises facing difficulty by absorbing the success experience of the reform of State-owned Enterprises and the practice of more deepening reform and opening-up at present. It argues that the future of collective-owned enterprises should carry out specifically, systematically,sweepingly reforms and make an detailed exposition of the guiding ideology, basic principles,aims and demands of collective-owned enterprises’ reform.