我国民营经济发展法治保障研究

发布时间：2019-05-17 18:39

【摘要】：当前,我国民营经济在数量规模、财税贡献和提高就业方面的地位正不断提升,但其发展过程中的法治保障却亟待加强。加强民营经济发展法治保障是建立健全社会主义市场经济体制的题中之义,是民营经济发展的现实需要和全面推进依法治国的必然要求。由于目前重政策、轻法律,重制定、轻执行的问题较为突出,民营企业参与市场经济平等竞争仍然遭遇现实尴尬,对民营企业司法追究与合法权益保护有失平衡,对民营经济法治保障监督相对疲软,民营企业法律风险内控机制仍较为薄弱等原因,要实现民营企业同国有企业平等地位,还存在一定的差距。为此,需在宪法中进一步明确民营经济的地位作用及对民营经济的法律保护,加快形成系统配套的保障民营经济发展的法律体系,委托第三方参与相关法律起草和法律实施评估,按照法律适用平等的要求实现司法公正,依法发挥行业协会商会的积极作用,引导民营企业守法诚信经营,为民营经济创造良好法治发展环境。
[Abstract]:At present, the status of private economy in quantity scale, fiscal and tax contribution and employment is constantly improving, but the guarantee of rule of law in the process of its development needs to be strengthened urgently. Strengthening the guarantee of the rule of law in the development of private economy is the meaning of establishing and perfecting the socialist market economic system, and it is also the realistic need of the development of private economy and the inevitable requirement of promoting the rule of law in an all-round way. At present, due to the problems of emphasizing policy, neglecting laws, formulating and implementing, private enterprises still encounter realistic embarrassment in participating in equal competition in market economy, and there is a imbalance between judicial investigation and protection of legitimate rights and interests of private enterprises. The supervision of the rule of law in the private economy is relatively weak, and the internal control mechanism of the legal risk of the private enterprises is still relatively weak. In order to realize the equal status between the private enterprises and the state-owned enterprises, there is still a certain gap. Therefore, it is necessary to further clarify the status and role of the private economy and the legal protection of the private economy in the Constitution, and speed up the formation of a systematic supporting legal system to ensure the development of the private economy. Entrusting a third party to participate in the drafting of relevant laws and the evaluation of law implementation, to realize judicial justice in accordance with the requirements of equal application of the law, to give full play to the positive role of the Chamber of Commerce of trade associations in accordance with the law, and to guide private enterprises to abide by the law and operate in good faith, Create a good environment for the development of the rule of law for the private economy.
【作者单位】：中共湖南省委统战部;湖南省工商业联合会;
【分类号】：D922.29;F121.23

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