Individual Business System In Our Country Existing Problems And Improvement

In 1978,the 3rd plenary session of the eleventh,marks the second historic leap of sinicization of marxism,and achieve the feat of reform and opening up,the non-public sectors of the economy of the area is breakthrough,began to appear in our country is individual and industrial and commercial door this emerging business subject,at the time of the environment,is very beneficial to solve the problem of employment of the rural and urban a large number of unemployed population.In1982,after the second "historical resolution",the number of policies supporting the development of individual industry and commerce increased.By the beginning of the21 st century,the development of individual industry and commerce had reached an unprecedented height.Relevant legislation has also followed up with the development of The Times.From the initial general principles of civil law to the administrative regulations and rules of the state council and its ministries and commissions,all of them have vigorously promoted the prosperity and development of individual businesses and the supplement of China's non-public economy to the public economy.Recently,the newly issued general principles of civil law has modified the legal status of individual industrial and commercial households to a certain extent,making them more similar to the attributes of natural persons.Small-scale business activities are regarded as the general behaviors of natural persons,and the provisions of individual industrial and commercial households are also included in the chapter of "natural persons".The author in a large amount of related literatures and combined with the study of the historical process of marxism sinicization,found that is individual and industrial and commercial door in the reform and opening up and let go of the non-public sector of the economy when the pilot,in the beginning of establishing the system played a very important role in solving the "left" errors,and the party's workcenter of gravity back to economic development but also have the effect of the thought liberation,economic development.But individual and industrial and commercial door after 50 years of development,its system in now there is a problem,first of all,the system design in the new era is not reasonable,and in commercial activities,the dispute settlement and so on various aspects have larger controversy,individual and industrial and commercial door rules for debts registration system is not reasonable,and the civil legal status is not clear.On the analysis of the aspects such as design for individual and industrial and commercial door system in China,the author through to the outside,especially the United States experience is analyzed,and then use,found in British and American capitalist countries,for small business subject to personal or family as the unit,shall be the legal status of miniature enterprise,but also has a part of the country for a small businessman's status is not defined as main body,the author thinks that these two models are the ownership to distinguish and appear in our country is individual and industrial and commercial door is more reasonable,but because of the two modes are adopted by the capitalist society,we should also be alert to the system to make the change "color",After the author through to our country Shanghai,chongqing,and large bay pilot experience analysis,the author thinks that is individual and industrial and commercial door system,there are a lot of advantages,in the new era of socialism with Chinese characteristics is still keeping the present,continue to individual and industrial and commercial door system to absorb social vulnerable natural person independent employment,encourages the vulnerable groups in realizing their own self-sufficiency through simple labor.But at the same time,it is necessary to have reached a considerable scale,although its form of expression is individual industry and commerce,but the essence has become the enterprise of this part of the group,from a strong political attribute of the individual industrial and commercial system,and into the scope of the jurisdiction of commercial law.Finally,in view of the problems existing in the system of individual industrial and commercial households,some Suggestions for improvement are put forward.At the same time,in the process of transformation and upgrading,we should pay attention to the integration with the internationally prevailing market economy system,but also to maintain the system of socialism with Chinese characteristics in China will not be shaken;Efforts should be made to fully mobilize citizens' enthusiasm forstarting businesses,improve the withdrawal mechanism of market players,deepen the reform of the administrative system,and realize fair competition among market players.