On Legal Protection Of Property Rights Of Private Enterprises In China

In November 2018,General Secretary Xi Jinping stressed at the forum of private enterprises that China's private economy has become an indispensable force for the development of our country.We should carry out equal protection in all aspects such as legislation,law enforcement,justice and law-abiding.We shall equally protect the property rights and legitimate rights and interests of all kinds of market subjects according to law,and create a fair competition environment for business.On October 8,2019,the State Council passed the regulations on optimizing the business environment,which has been implemented since January 1,2020.The protection of the property rights of private enterprises has received unprecedented attention from the party and the state,and has become an important topic of general concern in the theoretical and practical circles.This paper uses case analysis,normative analysis,law and economics methods,and takes "Zhang Wenzhong case" as an example to study the legal protection of the property rights of private enterprises in China.In addition to the introduction and conclusion,the paper mainly includes three parts:The first part is an overview of the legal protection of private enterprise property rights.First of all,it defines the concept,including the concept of property rights and the concept of private enterprises.Property rights have economic and legal attributes.This paper mainly studies the legal protection of property rights and pays more attention to the legal attributes of property rights.In addition,as the research object of this paper,it also defines the concept of private enterprises.Secondly,it analyzes the status and property of private enterprises in China Finally,it studies the changes of the legal protection of the property rights of private enterprises to understand the historical evolution and current situation of the property rights of private enterprises in China.The second part is the problems and reasons of property rights protection of private enterprises.First of all,it expounds the basic case and the focus of the case of "Zhang Wenzhong case";secondly,it analyzes the problems of property rights protection of privateenterprises reflected in "Zhang Wenzhong case",including the inequality of property rights protection and the conflict between fighting against economic crime and protecting property rights of enterprises;finally,it analyzes the reasons that affect the property rights protection of private enterprises from the aspects of concept,legislation and justice.The third part is to improve the legal protection of property rights of private enterprises in China.It is the core content of the paper.In view of the above problems and reasons of property rights protection of private enterprises in China,this paper puts forward the following solutions.First of all,in terms of concept,we should break away from the long-standing concept of "emphasizing state-owned enterprises and ignoring private enterprises",gradually establish the awareness of equal protection,and enhance the awareness of the whole society to protect the property rights of private enterprises by law;secondly,in terms of legislation,we should make clear the legal system of equal protection of the property rights of private enterprises,and improve the legal system of protecting the property rights of private enterprises;thirdly,in terms of justice,We should prudently apply criminal law to deal with cases involving property rights,properly handle cases involving property rights formed in history,and improve the procedures for handling property involving property rights.Finally,in other aspects,we should regulate the government's behavior,standardize the operation of enterprises in strict accordance with the law,and consult the government in a timely manner on issues related to property rights.