混合所有制、公私合作制及市场准入法的改革论纲
发布时间：2018-11-28 13:00
【摘要】：混合所有制与公私合作制改革是推动市场决定性作用得以发挥的"一体两翼",二者分别着力于特殊行业和公共事业,分别落实市场的深度和广度,拓展非公资本的投资和经营范围。当前市场准入法律制度不能与改革需求相配套:在混合所有制改革所专注的特殊行业,存在对非公资本的显性准入壁垒;在公私合作制改革所聚焦的公共事业,非公资本则一直面临着隐形准入障碍。未来我国的市场准入法律制度体系应当对这一局面进行改革:一方面,以"规制放松"为主要形式对若干领域进行准入规制的卸载式改革,促使若干行业的准入壁垒降低、投资主体多元、市场竞争结构优化,竞争活力提高;另一方面,在拓展非公资本投资准入的同时,进行政府规制法律制度的结构性调整,即"规制再造",保证在非公资本进入若干特殊领域时仍能使公共利益不受减损。
[Abstract]:The mixed ownership system and the reform of the public-private cooperative system are the "two wings" that promote the decisive role of the market. They focus on special industries and public utilities, and implement the depth and breadth of the market, respectively. To expand the investment and business scope of non-public capital. The current legal system of market access cannot be matched with the needs of reform: in the special industries focused on the reform of mixed ownership, there are explicit barriers to access to non-public capital; Non-public capital has been confronted with hidden barriers to entry in the public sector focused on the reform of the public-private partnership system. In the future, the legal system of market access in our country should reform this situation: on the one hand, in the form of "deregulation" as the main form of the uninstall reform of access regulation in some fields, the entry barriers of some industries will be lowered. The investment body is diversified, the market competition structure is optimized, and the competitive vitality is improved; On the other hand, while expanding the access to non-public capital investment, we should carry out the structural adjustment of the legal system of government regulation, that is, "regulation reengineering", so as to ensure that the public interest will not be diminished when non-public capital enters into some special fields.
【作者单位】： 中南财经政法大学法学院;华中农业大学文法学院;
【分类号】：D922.29;F121.24
本文编号：2362898
[Abstract]:The mixed ownership system and the reform of the public-private cooperative system are the "two wings" that promote the decisive role of the market. They focus on special industries and public utilities, and implement the depth and breadth of the market, respectively. To expand the investment and business scope of non-public capital. The current legal system of market access cannot be matched with the needs of reform: in the special industries focused on the reform of mixed ownership, there are explicit barriers to access to non-public capital; Non-public capital has been confronted with hidden barriers to entry in the public sector focused on the reform of the public-private partnership system. In the future, the legal system of market access in our country should reform this situation: on the one hand, in the form of "deregulation" as the main form of the uninstall reform of access regulation in some fields, the entry barriers of some industries will be lowered. The investment body is diversified, the market competition structure is optimized, and the competitive vitality is improved; On the other hand, while expanding the access to non-public capital investment, we should carry out the structural adjustment of the legal system of government regulation, that is, "regulation reengineering", so as to ensure that the public interest will not be diminished when non-public capital enters into some special fields.
【作者单位】： 中南财经政法大学法学院;华中农业大学文法学院;
【分类号】：D922.29;F121.24
【相似文献】
相关期刊论文 前2条
1 李嘉娜;;论公私合作制背景下市场监管的法治进路[J];人民论坛;2012年20期
2 吴法俊;;谈合作制的股金和股金收益[J];中国集体工业;1992年05期
，本文编号：2362898
本文链接：https://www.wllwen.com/jingjilunwen/shijiejingjilunwen/2362898.html
