Research On The Legal Promotion Mechanism Of Social Enterprises In China

Under the new normal of economic structure adjustment and economic growth’s slowdown, the contradiction between the supply and demand of social welfare has become increasingly acute. On the one hand, the public’s demand for public welfare is increasing. On the other hand, the social resources to meet the needs of public welfare is relatively insufficient. Under this dual restriction, it is urgent to innovate the supply mode of public interest, to create and develop the organization form of social welfare.As a result, people began to pay more attention to social enterprises, a form of organizations that pursuits both commercial interest and public purposes. It can constantly accumulate the material basics to provide for social welfare through business operation and the improvement of market efficiency. As a result, it can effectively share the burden of providing for social welfare with State and government.Therefore, law promotion mechanism with well-functioned main system and supporting measures has been established in the mature operating system of social enterprises in developed countries in Europe and the United States. In contrast, the growing environment of China’s social enterprises has not been built. In light of this situation, this thesis aims at analyzing the essential attribute of social enterprise and emphasizes the operation status of social enterprises in China. By combining the advanced experience of the foreign social enterprises with China’s situation, it attempts to build China’s legal promotion mechanism of social enterprises.In addition to the introduction and conclusion, this thesis is divided into five parts.The first part: the basic theory of social enterprise. This part puts the social enterprise under the framework of historical analysis and attempts to figure out the ideological context of the emergence and development of social enterprises, then by combining the public value of social enterprises and China’s unique market environment, it eventually puts forward the local concept of social enterprise. On the basis, it analyzes the concept of social enterprises and related notions to reveal the unique implication of the social enterprise.The second part: the limitation of social enterprise’s purposes. This part starts from the ideological origin, system value and realistic performance of purpose limitation, focuses on the detailed analysis of limited purpose, then after combining the dual purposes of social enterprise in economic and public interests, attempts to fully reveal the value system of Social Enterprise Limited.The third part: the development and predicament of social enterprise in China.This part starts from the current development situation of social enterprises in China,then analyzes the performance form and overall characteristics of social enterprises,discusses the typical cases of social enterprises in China-- CanYou mode. Eventually,it settles into the dilemma of social enterprise, provide a guidance to the legal promotion mechanism’s construction.The fourth part: the development and enlightenment of social enterprises in foreign countries. This part forms different points of views to show the results of the development of social enterprises abroad. Through the introduction of foreign social enterprises in practice and system design, it aims to summarize some optional experiences. In addition, by combining the relatively mature social enterprise case at present-The Grameen Bank, this part trys to put forward some more practical guidance to encourage new ways of thinking for the legal construction mechanism of social enterprise in China.The fifth part: the countermeasures and suggestions to improve the legal system of social enterprises in China. At present, there are all kinds of difficulties in the field of social enterprises in China, especially the legitimacy crisis faced by the social enterprises. It is urgent to clear up the solution from the system level. According to the specific problems mentioned above, this part puts forward countermeasures to promote the social enterprise legal mechanism from the view of management, support and industry autonomy.