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Juristic Research on the Several Rudimental Issue of Exclusive Investment Enterprises

Author: ZhangHongBing
Tutor: LiKeWu
School: Central China Normal University
Course: Economic Law
Keywords: Individual proprietorship enterprises The legal status of enterprises Qualifications of Civil Subject Investment property of responsibility
CLC: D922.291.91
Type: Master's thesis
Year: 2006
Downloads: 376
Quote: 0
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Abstract


Individual proprietorship enterprises, according to the legal provisions of the country in China set up by one individual and investment, property investment personal to the investment of his personal assets to bear unlimited liability for the debts of the enterprise operating entities. From a historical point of view of the world of enterprise development, a sole proprietorship enterprise to produce the earliest and most simple a form of business organization. Sole proprietorship enterprise presented in front of people today is the inevitable outcome of the development of market economy, with a strong role in promoting the development of the market economy. Practice has proved that the economic vitality comes mainly from the micro-economic vitality, a sole proprietorship enterprise at this point was very obvious. Such enterprises as market players a increase in the income of the national economy, stimulate economic growth, ease the employment pressure, provide employment opportunities and facilitate people's lives play an irreplaceable role in other market players. In Western developed capitalist countries, a sole proprietorship enterprise much the Government's attention, most of them through legislation or formulate corresponding policies to regulate and guide the healthy development to meet the needs of economic development. With the in-depth development of reform and opening up, China's government on an individual proprietorship enterprise more and more attention, especially the Ninth NPC Standing Committee adopted at the 11th meeting of the People's Republic of China personal-owned Enterprise Law \Enterprise Law \Of the Act since the promulgation and implementation of the prosperity of the market economy, the healthy development of the individual proprietorship enterprises play an important role. However, due to the design of the law system there is a certain degree of defect, the relevant supporting measures has not yet been introduced, so that the law was enacted far from the original intention of the legislator. In this paper, the implementation since the enactment of the Law on Personal owned enterprises, individual proprietorship enterprises and institutional described and analyzed from a legal point of view, and made a number of shallow ideas. Overall, the text is divided into four parts: The first part is an overview of the businesses and individuals owned enterprises, mainly from the history of the evolution leads to the concept of enterprise, and on this basis the definition of a sole proprietorship enterprise, features its existence the inevitability of analysis simple. The main content of this part is that an individual proprietorship enterprise is the earliest a form of several corporate legal form. The investment is a natural person, the investors enjoy the ownership of the assets of the enterprise, the enterprise does not have a legal personality and investors with unlimited liability for the debts are four legal characteristics of a sole proprietorship enterprise. The necessity of existence of a sole proprietorship enterprise analysis, individual proprietorship enterprise market needs of economic development, and the need to improve the legal system of the market players. The second part is the establishment of a sole proprietorship enterprise legal analysis, this paper mainly from investors qualified investors declared funded enterprises employed three conditions for the establishment contrast to other forms of enterprise legal analysis. In the investor's eligibility analysis, the author proposes national civil servants can not be a sole proprietorship enterprise investment; members of the company can be a sole proprietorship enterprise investors, but must make strict

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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