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On the improvement of enterprise management and regulation system of market economy under the legal system

Author: ChangJianHang LiuYang From: www.yourpaper.net Posted: 2010-05-31 21:22:09 Read:
Keywords: the market economy legal system of enterprise management talents of
Abstract: in that kind of economy, make the normal economic life, must have certain economic order and economic order of law.Because the market only has the legal premise of reasonable and perfect, can play its effective allocation of resources function.In the system of market economy law play a decisive role, so the legal system under market economy, enterprises should improve the business management personnel policies and regulations system, so as to enable enterprises to get rid of various constraints, go to the battle-front without any burden.
1 is the development of the socialist market economy legal system of the security
Since the reform and opening up, the highly centralized planned economic system gradually shrinking, the market mechanism has gradually entered the social and economic life.To promote the development of social productive forces.But in this process, appear constantly new social and economic problems seriously affect and interfere with the smooth development of economy.The main reason is the lack of law enforcement, judicial, economic legislation perfect, especially the lack of ensuring normal operation and regulation of the market laws, laws and regulations system.In the development of the market economy conditions, emerge in an endless stream of various new economic relations, more and more complex, if not prior to regulate and control, it may cause great impact and harm to market economy.If the legislation does not have the foresight, in advance, it can not meet the requirements of the new situation.The modern market economy no matter in which mode, have some basic elements.That is: the establishment of the property definition, stand on one's own to business decisions (including all kinds of ownership enterprises); has the right to freedom of equal competition can provide the correct value of the parameter of the market; macro-control and regulation of the government.These elements are the legal guarantee.
Effect of 2 system in the socialist market economy.
2.1 Guide
Role of law to the guidance of the market economy, is determined by the market economic rules.Objective to know these rules, these rules reflect, and through the guidance to the market to meet the requirements of these laws, this is the fundamental task of law.Market economy experienced a complex production, distribution, circulation and consumption process, is essentially a process of social interaction between people.In order to make the dense, complex, and highly random social interaction in order, we must use legal activities on human guidance.Under the conditions of the socialist market economy should be based on the experience of the modern market economy, and with China's specific situation, and make it fit in with the socialist demands, it also must use the law to guide.Modern market economy is more and more large coverage, whether the market mechanism, or market system scale, is a large and complex.Must implement the high level of macroeconomic regulation and control, and the regulation of the form diversification, precision, and to guide as the main form.
The 2.2 role
The law of socialist market economy to promote the role of mainly in the following two aspects: a direct role in promoting.The direct adjustment of the market economic laws, such as the economic law and the economic administrative law, labor law, intellectual property law and so on, not only to promote the market economy according to confirm the legal principle of development, but also for the market to further improve and creates conditions to remove the obstacles.Any direct market adjustment of the legal relationship between, as long as it is in line with China's actual situation and reflect the laws of the market, it will promote the development of the market economy.
Indirect promotion.This mainly refers to those to adjust the main political relations, management relations, family relations of those laws.Such as criminal law, procedure law, marriage and family.Although they are not directly or most does not directly regulate various behaviors in market economy, but because the various political relations, management and family relationship adjustment, correctly handling contradictions and disputes, so as to mobilize the enthusiasm of people engaged in socialist market economy activity.
2.3 security role
The law with its unique attributes of one one national mandatory and normative, in ensuring economic development, plays a special and irreplaceable role.This guarantee is shown in the following aspects: to protect the interests of.All kinds of behavior of market economic relations, mostly in order to achieve certain material interests and reflects certain rights.Laws passed in time to stop, sanctions which infringe, collective and national interests, the illegal crime, to guarantee the establishment and perfection of market economy.
In order to guarantee.Market behavior can only be reached the expected objective effect in good, stable, orderly order.There is no order, it is impossible to build the market, not of commodity exchange, also do not talk to go up to build system of socialist market economy.The market order is essentially a legal order.
2.4 control function
Legal guide, promote and guarantee the development of the market economy and at the same time, also play a controlling some negative factors limit the market's role in economic development.The market economy of our country is still in the initial stage, but some negative factors of competition in the market has begun to appear, you must use legal means to suppress and eliminate these negative factors, to ensure the healthy development of the socialist market economy.
3 how to perfect business management personnel policies and regulations system in China
3.1 determine the entrepreneur standard
Chinese entrepreneurs to establish the scientific and reasonable, and create the conditions for the selection, training, evaluation of entrepreneur team gradually embarked on a legal track.(2002 -- 2005 national talent team development plan "proposed to" cultivate occupation, modernization, internationalization of entrepreneurs "and requirements, quality and condition of entrepreneurs in China under the new situation that the occupation quality, modernization and internationalization vision.Implement this one spirit, we must pay close attention to the development of entrepreneurs and entrepreneurs and the scientific and reasonable evaluation, selection, make Chinese entrepreneur team training, gradually embarked on a legal track.The conditions and standards in China can refer to foreign companies to select CGO, combined with China's characteristic, formulates the reasonable standard.We can Chinese entrepreneurs standards and certification system through the ability quality, knowledge quality index, personality, experience and performance indicators, psychological quality index and a series of indicators to form the scientific, and give its legal effect.
3.2 to improve the related responsibility regulations, a clear management responsibility
Perfect the representative entrepreneur property rights and responsibility system, especially clear and implement the property on behalf of the asset liability, to curb the huge loss of state-owned assets, management of short-term behavior, the realization of state-owned assets is crucial.The Interim Regulations on supervision and administration of state-owned assets of enterprises in 2003 through May ", to the state-owned enterprise responsible for the liability constraint.Provisions in the regulations in article fortieth: "who be forgetful of one's duties, breach of privilege for the state-owned and state holding enterprises, resulting in loss of state-owned assets of enterprises, shall be liable for compensation, and the shall be given disciplinary action; constitutes a crime, shall be investigated for criminal responsibility according to law".However, regulations did not express should be what kind of compensation liability and liability for how to implement.In this case, shall be liable for compensation will only a "handle", and not become a "real negative".Therefore, should be clear about the two kinds of liability provisions in the "Interim Regulations on supervision and management of state-owned assets of enterprises and state-owned assets management method".One is the property right of the state-owned enterprise representatives and responsibility of entrepreneurs operating lifetime recovery system; two is the SASAC is mainly responsible for the appointment of state-owned enterprise property rights on behalf of the responsibility system.The establishment of state-owned enterprise property rights representatives and entrepreneurs, lifelong recovery system is to ensure that property representatives and entrepreneurs for enterprise assets caused operating losses, not? Because of retirement or conversion work without accountability.The committee is mainly responsible for the appointment of state-owned enterprise property rights on behalf of the responsibility system, refers to the owner functions of the government departments responsible person to bear, to appoint a representative selection of state-owned enterprise property and liability risk, as the private owners to take the wrong manager will make their own business and property risk of loss.
3.3 the establishment of an effective incentive mechanism
Enterprise management personnel, especially senior managers, is a major decision in enterprise, have a special responsibility for the development of enterprises, the compensation should be linked with the performance and contribution.Many of the world's leading Multi-National Corporation managers mostly adopts the structure of wage model, namely "executive compensation = base salary bonus long-term incentive".Therefore, it is necessary in the current "company law or other national regulations on the entrepreneur reward, to be sure of the annual salary system, stock option, and should be specific targets corporate profit margins, value-added rate of assets appraisal of entrepreneur performance.Let entrepreneur compensation law, have according to can test, and forming a long-term effective incentive for entrepreneurs.
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