The Legal Protection Of The Rights And Interests Of Private Enterprises In Mixed Ownership Reform

From the perspective of economic law, this paper clarified the legal basis and the theoretical path of protecting the rights and interests of private enterprises in the reform of mixed ownership system. On this basis, by analyzing the main problems faced by the protection of private enterprises in the reform, and borrowing beneficial experiences from the state-owned enterprises reform(SOE reform) in other countries,then put forward the concrete suggestions on the protection of the rights of chinese private enterprises. So this research mainly in the following order: The first part mainly expounds The basic theories of the mixed ownership reform and the protection of private enterprises, through this, especially through the discussion of the economic jurisprudence contained in above two, it is found that there exists dialectical relationship between the two: they interact and promote each other. That's the the theoretical fulcrum of emphasis the rights protection of private enterprises in mixed ownership reform. The second part mainly expounds the main problem faced by the protection of private enterprises in the whole process of mixed ownership reform,including the macro and micro level, the theoretical and practical aspects, and analyzed the infringement of the rights in detail, highlighting the major contradictions and conflicts. In the third part, by comparing the difference between China and other country in the relationship of the state-owned enterprises and market, the government and market, analyze our mistakes in market concept and reform thought, figure out the root of the problem, through the further discussion on the experience of foreign SOE reform, find out some valuable practices for the breakthrough in the protection of private enterprises and transformation of reform thought. The fourth part, on the basis of the above analysis and exploration, in light of the specific situations in China,mainly from the perspective of legal construction and perfection, in the order of breakthrough the main obstacle in the protection of rights and interests of private enterprises, strengthen the equal protection of the laws between private enterprises and state-owned enterprises, improve the rights relief system of private enterprises,for the prominent problems, put forward some effective and feasible solutions.