民营企业公平竞争权的法律保障研究
发布时间：2018-12-20 09:20
【摘要】：市场化改革的不完善致使民营企业成为脱离政府与市场规则依靠的特殊群体,其公平竞争权因没有政府与市场的规则支持而受到极大挑战。民营企业是由中国国民出资设立的企业,其本质是市场经济的重要组成部分,其公平竞争权是其公平参与市场竞争的资格。设定民营企业的公平竞争权在理论上具有必要性与正当性,在制度上有正反两方面的规定作保障。分析民营企业公平竞争权实现过程,发现存在法益保护模式困境、市场准入不平等、融资政策不均衡、税费执法不平等以及其他竞争者对公平竞争权的损害等阻碍;产生这些阻碍的原因则有经济立法认识不足、法律保护机制不完善、民营企业政治关联不够等方面。针对这些问题及其生成原因,应当完善经济立法以设定公平竞争权及民营企业公平竞争权;完善法律保护机制以实现民营企业平等准入,健全对民营企业公平竞争权执法、司法保护;破除政商关联以实现民营企业在融资、税费、政府采购以及资源政策方面的一视同仁。进而最终实现民营企业的公平竞争权。
[Abstract]:Due to the imperfection of market-oriented reform, private enterprises have become a special group independent of the government and market rules, and their right to fair competition has been greatly challenged because of the lack of the support of the government and the market rules. Private enterprises are enterprises funded by Chinese nationals. Their essence is an important part of market economy, and their right to fair competition is their qualification to participate in market competition fairly. The establishment of the right to fair competition of private enterprises is necessary and legitimate in theory and guaranteed by both positive and negative provisions in the system. By analyzing the realization process of the right to fair competition in private enterprises, it is found that there are obstacles such as the dilemma of legal interest protection mode, unequal market access, unbalanced financing policy, unequal enforcement of taxes and fees, and the damage of other competitors to the right to fair competition. The reasons for these obstacles are lack of understanding of economic legislation, imperfect mechanism of legal protection, insufficient political connection of private enterprises and so on. In view of these problems and their causes, we should perfect the economic legislation in order to set up the right of fair competition and the right of fair competition of private enterprises. Improve the legal protection mechanism to achieve equal access to private enterprises, improve the law enforcement of the right to fair competition of private enterprises, judicial protection; Break down the relationship between government and business to achieve equal treatment of private enterprises in financing, taxes, government procurement and resource policies. And finally realize the right to fair competition of private enterprises.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.29
本文编号：2387784
[Abstract]:Due to the imperfection of market-oriented reform, private enterprises have become a special group independent of the government and market rules, and their right to fair competition has been greatly challenged because of the lack of the support of the government and the market rules. Private enterprises are enterprises funded by Chinese nationals. Their essence is an important part of market economy, and their right to fair competition is their qualification to participate in market competition fairly. The establishment of the right to fair competition of private enterprises is necessary and legitimate in theory and guaranteed by both positive and negative provisions in the system. By analyzing the realization process of the right to fair competition in private enterprises, it is found that there are obstacles such as the dilemma of legal interest protection mode, unequal market access, unbalanced financing policy, unequal enforcement of taxes and fees, and the damage of other competitors to the right to fair competition. The reasons for these obstacles are lack of understanding of economic legislation, imperfect mechanism of legal protection, insufficient political connection of private enterprises and so on. In view of these problems and their causes, we should perfect the economic legislation in order to set up the right of fair competition and the right of fair competition of private enterprises. Improve the legal protection mechanism to achieve equal access to private enterprises, improve the law enforcement of the right to fair competition of private enterprises, judicial protection; Break down the relationship between government and business to achieve equal treatment of private enterprises in financing, taxes, government procurement and resource policies. And finally realize the right to fair competition of private enterprises.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.29
【参考文献】
相关期刊论文 前2条
1 付子堂;;对利益问题的法律解释[J];法学家;2001年02期
2 王晓晔;;非公有制经济的市场准入与反垄断法[J];法学家;2005年03期
，本文编号：2387784
本文链接：https://www.wllwen.com/falvlunwen/jingjifalunwen/2387784.html
