In order to promote the development and growth of the private economy, the Central Committee of the Mainland Government and the State Council of the Chinese State Council issued opinions on promoting the development of the private economy on July 14, 2023.Putting some specific measures.Looking at the development of China's economy since the reform and opening up, the author believes that it is necessary to effectively promote the high -quality development of the Chinese economy, develop and expand the private economy, and accelerate the formulation of private enterprises.
China's existing corporate legal system cannot effectively protect the legal status of private enterprises and protect the legitimate rights and interests of private enterprises.First, the concept of the private economy and private enterprises is unclear.No matter the Constitution or other laws, there is no concept of private enterprises.From a legal perspective, the meaning and scope of private enterprises are blurred.
The author believes that the private economy belongs to the category of non -public ownership economy, and it should include all non -public ownership economies except the state -owned economy, collective economy and foreign investment. Private enterprises also correspond to all non -non -non -non -non -non -non -non -non -non -investment enterprises, other non -non -public enterprises, collective enterprises and foreign -invested enterprises.Public ownership enterprises, including private enterprises and individual industrial and commercial households.
Secondly, the existing legal system is not enough to stabilize the status of the private economy and private enterprises.At present, the legal system has only corporate laws that target the state -owned economy and collective ownership economy, such as the National Enterprise Enterprise Law and township enterprise laws, and the temporary regulations for private enterprises in private enterprises have been abolished, and private enterprise legislation has appeared in vacuum.Therefore, there is a large difference in understanding of the awareness of the private economy and private enterprises. The emergence of the mission completion of the private economy and the mission of private enterprises is not accidental.
If there is no strong legal guarantee, especially when private enterprises develop to a certain scale, and even in the position of competing with state -owned enterprises, the status and role of the private economy will be questioned or even denied.For a period of time, the objective reality of national progress and people in some areas and the limited investment in private enterprises in the investment field has proven this.
Under the new situation, China's economic development needs to develop and expand the private economy and private enterprises. The development and growth of private enterprises require legal guarantee.
First of all, the flexibility and degeneration of economic policies are not conducive to the stability of the private economy.Some local governments or departments have treated the attitude of private economy and private enterprises, and some subtle changes have occurred in the past few years.Some private enterprises believe that China's encouragement and promotion of the development of the private economy has shifted or changed. The central level of economic policies cannot fully dissolve the concerns of private enterprises. After all, the specific enterprises are actually under local government supervision.
Secondly, the legal system is the best and effective means to ensure the private economy and the protection of private enterprises.Compared with policy regulation, the legal system has the characteristics of regular transparency, rigid stability, equal competition, and fairness, and is in line with the laws of market economy operation. It is also the fundamental requirements and basic guarantees for the healthy development of private economy and private enterprises.
Therefore, in order to effectively enhance the confidence of private enterprises, we must systematize the existing policies and previous successful experience, and transform into more stable, transparent, fair, and predictable legislation to create "free access, fairness, fairness, fairness, fairnessThe rule of law environment of competition, equality protection, and equivalent relief "allows private enterprises to enjoy the market entry opportunities and treatment of equal market entities with state -owned enterprises and foreign -funded enterprises, equal market access, fair competition conditions, and equal protection and protection measures.
The temporary regulations of the abolished private enterprises have played a positive role in promoting the rapid development of private enterprises and promoting China's high -speed growth.Opinions on promoting the development of the private economy can play a positive role in stabilizing the private economy and enhancing the confidence of private enterprises at this stage. However, in the long run, to develop and grow the private economy, we must accelerate the formulation of private enterprise laws.
First of all, unify the connotation of legal, establish legal principles to ensure the private economy and protect private enterprises.As the temporary regulations of private enterprises have been abolished, from the perspective of ownership, China lacks a leading private enterprise law.Accelerating the formulation of private enterprise laws, not only improving the legal system of the enterprise, but also conducive to the development and expansion of the private economy, which is conducive to strengthening the correct recognition and recognition of the private enterprise, and the protection of and protecting the legitimate rights and interests of private enterprises.
Secondly, the private enterprise law shall be formulated by the National People's Congress according to the Constitution.Enterprise legislation of existing ownership perspectives, such as the Law of Industrial Enterprise Enterprise and Foreign Investment of the All -Public Ownership, is formulated by the National People's Congress.Considering the special status, major contributions and important role of the private economy and private enterprises, highlight the country's determination, and effectively enhance the legal status of private enterprises. It is recommended that private enterprise laws be reviewed and issued by the National People's Congress.Positioning.
Finally, the private enterprise law shall include the legislative principles and basic content of protecting and protecting the rights of private enterprises.In the process of formulation, the successful experience of the free trade pilot zone should be summarized, the legislative system and content of the foreign investment law should be used to clarify the connotation and extension of private enterprises, establish the equal market position of private enterprises and other enterprises, protect and protect private enterprises in the market quasiThe basic principles of "law without prohibition are permits" and fair competition, stipulate the basic rights and obligations of private enterprises in terms of management and social responsibility, clarify the property rights of corporate property and the property rights of investors and operators.Protection and relief measures when private enterprises' rights and interests are infringed.
The author is a doctorate in law, Shanghai practice lawyer
This article is only the personal point of view of the author, does not represent the position of the institution
