The Study On The Construction Of Legal System In Social Enterprises In China

Compared with conventional enterprise,social enterprise,also called enterprise,take into account a positive "return to society" by drawing upon business techniques to gain benefit,which is the universally accepted definition of social enterprise.With the development of economic globalization,national macro-control measures can’t keep up with the pace of economic development,which would weaken the strength of the state and government.Meanwhile,various types of transnational corporations are springing up and thriving in the market economy that plays an increasingly important role at the age of economic globalization.When the strength of the state and government is becoming weak and the enterprise’s impact on society grows,social enterprise in this background came into being.As one kind of a new economic entity,social enterprise which combines trading viability with non-profit mentality,contributions to improve the welfare of communities.To some extent,social enterprise plays the role of welfare institution and charity which performs the function of economic redistribution.The establishment and operation of social enterprises are necessary to regulate by law,because the function of social enterprise becomes more and more obvious in social and economic development.However,there’s no standard definition of social enterprise in the word and some countries even do not have the concept of social enterprise.There is also no term of social enterprise that is entirely a new thing in China’s Legal System.Given vacancies of legal form,development model and law norms in social enterprise,it is necessary for China to construct a standard system of social enterprise development.This paper details the social enterprise from the perspective of constructing the legal system of social enterprise and elaborates on the basic theoretical research of social enterprise.At the same time,this test makes a brief introduction in legal form,development model and legislative status existing in the development process of social enterprises in foreign countries.On the basis of a comprehensive analysis,the author thinks the boom in social enterprises meets the requirements of market economy in the current social transition period of China.Because as a newborn thing,social enterprises also ineluctably appear some problems in our country,perfecting a sound legal system is the key to ensure sound development of social enterprises.Finally,combined with experiences and legislation of foreign countries,this paper put forward the necessity of Social Enterprise Legislationa through analysis of defects and weaknesses of the legal system of social enterprise in China.