Study On The Legal Regulation Of Social Enterprise In China

The new State of organization of social enterprise is rising around world in recent years,China also by this unit trend of effect,gradually established many to solution social problem for purpose of social enterprise,this species enterprise of features that to public purpose mainly,while using profit means earned returns maintained company operating,and in surplus distribution aspects has limit,but in China phase corresponds to of legal regulation is is lag.In contrast,United States not only the formation of different types of social enterprises,and improvement of legal regulation of social enterprises.United States already existing well-being of low-profit limited liability company,Corporation and elastic purpose companies and many other types of social enterprises,and some States have special legislation of the social enterprise,such as the United States public company in Maryland law,legislation in public interest law and public interest law in Washington State,California and formed the legislative purpose of the public interest,mandatory information disclosure legislation,the establishment of accountability mechanisms and public interest litigation experience.In this paper,from the development of social enterprises in China based on the present situation and problems of legal regulation,to United States legislative experience in social enterprise as a reference base of related topics such as social enterprise legislation in China.Modifying the binary choice of special legislation of the Corporation law and social enterprise,select the model of social enterprise special legislation,and as a special law company law,from the law of legislative purpose,liability,information disclosure,public interest litigation,and Government stimulus-induced regulation of social enterprise.Specifically,this paper is divided into six parts,the first part,analysis and demonstration study on the background and values of social enterprise,combing the literature of social enterprise research and generalize the ideas of this paper and framework.The second part,starting from the rise of social enterprises in a global context,this analysis of social enterprise in our country and the United States the development of,and at the same time defining the connotation and characteristics of social enterprises.The third part,based on the definition of social enterprise and analysis of situation of enterprise legal regulation in China,legal norms and social enterprise is not clear,there is legitimacy puzzle,social deviations,social enterprise legal form of business purpose is not clear,as well as social problems such as the lack of business facilitation measures.Part to the legal regulation of social enterprise as the core,combs United States legal regulation of the type of social enterprises,namely welfare limited liability company,flexible purpose Corporation and low profit limited company,the law defined the social enterprise of the public interest as well as information disclosure obligations.Part v,based on United States law experience in social enterprise model,that we should adopt special legislation of the social enterprise model,and from social enterprises the legislative purpose of information,social enterprise,social enterprise legal form,social enterprise development incentives and induce social enterprise law clear and perfect the mechanism of responsibility.