Research On The Legal Positioning Of Social Enterprises

Social enterprises are organizations with dual attributes of public welfare goals and economic goals.They focus on solving social problems in an innovative mode through the operation of business models,and to a certain extent alleviate the lack of government public supply.There are many social enterprises exist in practice in China.Private non-enterprise units,agricultural professional cooperatives,and social enterprise-type companies are the main manifestations of social enterprises in our country.Based on the former two,there are provisions in our existing legal system.,And legislators have realized that it plays a unique role in solving social problems.Although civil organizations and some local governments have included corporate social enterprises in the certification of social enterprises,corporate social enterprises still face the lack of legal identity problem.Compared with the promulgation of social enterprise certification measures,it is more appropriate to add social enterprise companies to a new type when registering under the existing framework of the "Company Law".However,a social enterprise company is not an independent company type alongside stock companies and limited companies.Essentially,it is a special category under joint-stock companies and limited companies.When registering,social enterprise companies need to meet the necessary qualifications such as priority and clear public welfare goals,asset lock-in and profit distribution ceilings,and at the same time establish an information disclosure system based on annual public welfare reports.