私营企业概念的法律思考

在我国,私营企业是相对于全民企业和集体企业而言的,在某种程度上它是一个另类,它在法律地位和权利内容等方面与全民企业和集体企业有所不同,这种观念和做法不符合市场经济的发展和要求.在市场经济条件下,企业地位应当平等,以所有制为标准来划分企业的做法应当摒弃.在某些方面,应淡化所有制,强化所有权.

Legal Reflections on the Concepts of Private Enterprises

In China, the private enterprise is so termed relative to state-owned and collectively-owned enterprises. To some extent, it is different classification distinct from state-owned and collectively-owned enterprises in such areas as the legal status and coverage of rights. This concept and practice is not in conformity with the development and requirements of market economy. Under market economy conditions, enterprise status should be one of equality. The classification according to standards of system of ownership should be rejected. In some aspects, system of ownership should gradually give way to proprietary rights.