我国私有企业法律概念探讨

我国现行法以雇工人数区分私营企业和个体工商户。现实中对私营企业的指称多种多样,民营企业、中小企业、非公有制企业几乎成了私营企业的代名词。这种做法存在诸多缺陷,影响了私营企业的发展。为了更好地规范私营企业,形成一种制度规范,需要重新界定私营企业的概念。鉴于此,从我国私营企业、个体工商户的本质和企业的特性出发,放弃雇工人数区分的标准,排除流动性、季节性的小商小贩,将我国私人投资、私人享有所有权,固定地、连续地从事营利活动的组织统称为私有企业。

A Study of the Legal Concepts of Chinese Private Enterprises

According to current regulations, private enterprises (PE) are distinguished from individual businesses (IB) by the number of workers they employ. PE has many other names,such as civilian-managed enterprise, small-and medium-sized enterprise and non-public-owned enterprise. This phenomenon has affected the development of PE. It is argued that, in order to standardize PE administration norms, it is necessary to redefine the concept of PE, which entails abolishing the standard of number of workers if the characteristics PE and IB in China are taken into account. This paper proposes that all organizations that have been invested and possessed by individuals and engage in constant and continual profitable activities be defined as PE, with mobile and seasonal peddlers excluded.