Research On Legal Issues Of Social Enterprises

Under the influence and stimulation of sluggish world economic growth,the collapse of the traditional national welfare system and the failure of various public governance models,social enterprises have taken the lead in the United Kingdom and the United States,and have spread rapidly throughout the world.The development of social enterprises has attracted the attention of people from all walks of life in the world and has conducted detailed discussions.At present,social enterprises do not yet have a definition of global uniformity,but their conceptual scope is increasingly clear.The article argues that social enterprises refer to organizations or businesses that use commercial means to solve social problems,achieve social missions or goals,and have corresponding mission maintenance mechanisms.Social enterprise is a new form of enterprise.It spans both profit and non-profit sectors.It poses severe challenges to the company's profit-making nature,shareholders' rights priority,and the principle of maximizing shareholders' interests.Observing from the comparison method,the development of social enterprises in Europe and the United States presents different development patterns due to differences in politics,economy,and culture;the design of social enterprises outside the domain has its own merits,but there are also deficiencies.China can choose to learn from it.Cases in judicial practice show that,the development of social enterprises is related to people's reflection on the nature of the company's profit.The realization of social enterprise value requires the delineation of the scope of shareholder property rights,depriving shareholders of certain property rights,changing the profit-making nature of the company,and supplementing them with sound and clear governance rules.China's "Company Law" can be devoted to a chapter "public benefit enterprise" to regulate social enterprises,supplemented by policy support,concept dissemination,the creation of an innovative cultural atmosphere etc.,to promote the prosperity and development of social enterprises.