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Article selector: Liu Jia    |  Release date: 2023-02-07   |   Number of visits: 1490    
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(1) The ballast stone position of small, medium and micro enterprises in the process of Chinese modernization that makes the people prosperous and the country strong

January 1, 2023 is the 20th anniversary of the implementation of the 2002 version of the "Small and Medium Enterprises Promotion Law",It is the 5th anniversary of the implementation of the 2017 version of the "Small and Medium Enterprises Promotion Law"。The enactment of this law has greatly improved the survival and business environment of small and medium-sized enterprises,Effectively guarantees fair competition and freedom for small and medium-sized enterprises,Comprehensive protection of the legitimate rights and interests of small and medium-sized enterprises,Strongly supports the entrepreneurship and innovation of small and medium-sized enterprises,Continuously promotes the healthy development of small and medium-sized enterprises,Can be said to be an indispensable contribution。

The vast majority of registered market entities in my country are private enterprises,It is a small, medium and micro enterprise。As of the end of September 2022,There are 1 in our country.600 million market entities,Among them 1 individual business owner.100 million households。Tens of thousands of small, medium and micro enterprises create jobs、 Improve people’s livelihood、Promote growth、Innovative Technology、Increase taxes、Save resources、Protect the environment、Stabilizing society、Spread culture、The engine that enhances harmony,It is to implement the "six stability" work、The ballast stone for completing the "six guarantees" task,It is to promote supply-side structural reform、Promote high-quality economic development、Building a modern economic system、An important foundation for promoting common prosperity,is a shareholder、Consumer、A community with a shared future for the core interests of employees, communities and other stakeholders。Small, medium and micro enterprises are the stem cells of the market economy,Can be called a core market entity、The most important weapon of the country、The pillar of society。The healthy development of small, medium and micro enterprises is a livelihood project that affects thousands of households,A long-term economic project,Integrity project of mutual assistance、People’s Project to Promote Harmony,The rule of law project that treats both the symptoms and the root causes。

(2) The role of small, medium and micro enterprises in top-level system design

Given that economic vitality depends on the vitality of enterprises as the microscopic cells of the market economy,General Secretary Xi Jinping pointed out at the Entrepreneurs Forum held on July 21, 2020,“Market entities are the carriers of economic power,To protect market entities is to protect social productivity。Leave the green hills behind,Not afraid of running out of firewood。We must do everything possible to protect market entities,Accumulate basic strength for economic development。"One of the main goals of economic and social development during the "14th Five-Year Plan" period determined in the "14th Five-Year Plan and Outline of Long-range Goals for 2035" is to "make market entities more dynamic",Chapter 19 plans the policy measures to “stimulate the vitality of various market entities”,Emphasis on “cultivation is more dynamic、Market entities with creativity and competitiveness。"The report of the 20th National Congress of the Communist Party of China also particularly emphasized the extreme importance of companies and enterprises as market entities when talking about "building a high-level socialist market economic system": "Improving the modern enterprise system with Chinese characteristics,Promote entrepreneurship,Accelerate the construction of a world-class enterprise。Support the development of small, medium and micro enterprises。”

(3) The positive implementation effects of the "Small and Medium Enterprises Promotion Law"

The authority of the "Small and Medium Enterprises Promotion Law" has been valued by party committees and governments at all levels,The creation of a coordination mechanism for the promotion of small and medium-sized enterprises。The legal propaganda carried out in various media is impressive,Suitable for all ages,Love to hear and see。爱法、Law study、Respect the Dharma、Abiding by the law、Usage、The legal atmosphere of protecting the law is constantly being optimized。The coordination mechanism for promoting small and medium-sized enterprises is improving day by day。The State Council Promotion Leading Group coordinates fiscal, taxation and financial support for small and medium-sized enterprises、Strengthening rights protection and other work。Local regions have adjusted and enriched the promotion work leading groups。The industry and information technology department has carried out useful work as the comprehensive management department for the promotion of small and medium-sized enterprises。The public welfare services provided by small and medium-sized enterprise service centers and other institutions in various places are becoming more and more down-to-earth。

"The Small and Medium Enterprises Promotion Law" optimizes stability、Transparent、Fair and predictable marketization、Legalization、Internationalization、Convenient business environment。Enterprise registration system reform and "double randomization、The "open" regulatory system reform encourages investment and business,Maintained market order,Improved administrative efficiency,Building regulatory credibility。The concept of rule of law government is increasingly gaining popularity。Market access management、The scope and threshold of access have been incorporated into the rule of law。The 2018 version of the "Market Access Negative List" supports all types of market entities to have equal access to railways、Airport、Telecom、Internet audio-visual、National Development and Reform Commission。National Development and Reform Commission、A national credit information sharing platform led by the People's Bank of China and the State Administration for Market Regulation、The basic database of financial credit information and the national enterprise credit information publicity system have improved the integrity awards and breach of trust sanctions systems for small and medium-sized enterprises。

The "Small and Medium Enterprises Promotion Law" consolidates the special fund system,Implemented tax reduction and fee reduction policies,Increased fiscal and taxation support。Special funds for the development of small and medium-sized enterprises provide subsidies for entrepreneurship, innovation and upgrading and financing guarantees for small and micro enterprises。The guiding role of the National Small and Medium Enterprises Development Fund continues to be demonstrated。Preferential policies for tax reduction and fee reduction for small, medium and micro enterprises are gradually implemented,The role of releasing water to raise fish is increasingly obvious。

The "Small and Medium Enterprises Promotion Law" broadens financing channels,Improved financing environment。Funds are the blood of an enterprise。The People's Bank of China's targeted reserve requirement ratio reduction and other monetary policy tools work in tandem with the China Banking and Insurance Regulatory Commission's "two growth" assessment goals to encourage inclusive small and micro enterprise loans,Reflects differentiated policies that are friendly to small, medium and micro enterprises,Increased the financing scale of small and micro enterprises,Increased credit supply。The embryonic inclusive financial business of commercial banks has begun to support the financing of small and micro enterprises。Direct financing (including equity and bonds) channels in multi-level capital markets,Mass Entrepreneurship Financial Bonds and Mass dafabet online betting websiteEntrepreneurship Special Debt Financing Instruments,Small and micro enterprise credit enhancement collective bonds begin to support small, medium and micro enterprise financing。Policy credit guarantee agencies began to provide credit support for corporate financing,The National Financing Guarantee Fund begins to exert force。

The "Small and Medium Enterprises Promotion Law" protects the rights and interests of small and medium-sized enterprises,Boosted investment confidence。Departments in various places have begun to pay attention to the protection of property rights and the legitimate rights and interests of entrepreneurs,Regulating enterprise-related behavior,Combating unfair competition,Protect the company’s brand、Intellectual Property and Trade Secrets,Increase the protection of creditor's rights of small and medium-sized enterprises。

  二、Outstanding problems existing in the implementation of the "Small and Medium Enterprises Promotion Law"

(1) Many good laws and regulations in the "Small and Medium Enterprises Promotion Law" have not yet taken root

Whether it is the 2002 version of the "Small and Medium Enterprises Promotion Law",It is still the 2017 version of the "Small and Medium Enterprises Promotion Law",They all have strong advocacy and principle,Operationability, especially litigability、Shortcomings in system design with weak adaptability and enforceability。Of course,This shortcoming is not unique to the Small and Medium Enterprises Promotion Law,Other promotional legislative projects (such as the Employment Promotion Law, the Family Education Promotion Law, the Rural Revitalization Promotion Law, the Basic Medical and Health Promotion Law, the Private Education Promotion Law, and the Circular Economy Promotion Law) The actual implementation rate is not ideal either。This is especially true for the implementation of the "Small and Medium Enterprises Promotion Law"。Some departments and localities say more,Doing less;Many files,Fewer measures;Many meetings,Low performance;Lots of publicity,Less information;Weak in real kung fu,Weak in real kung fu。The law stipulates that those who speak must be careful,Some places and departments are still listened to and despised。Some people hate the poor and love the rich,Dislike the weak and love the strong,Like icing on the cake,Unwilling to provide help in times of need,Support large enterprises,Unwilling to support small, medium and micro enterprises。The main concern is,Worried about the lack of performance and benefits in supporting small, medium and micro enterprises,No return,It’s not a pleasure to be affected。

(2) The equal status of small, medium and micro enterprises and large enterprises developing together has not yet been achieved

Chapter 2 of the "Small and Medium Enterprises Promotion Law" stipulates five major fiscal and tax support systems,But the financial support in some places is weak,The sense of gain and benefit among small and medium-sized enterprises is not obvious。The application threshold for some local financial support projects is too high,causing many small and medium-sized enterprises to stay away。The unified market access system stipulated in Article 38 of the Law is in a state of suspension。In practice,Hidden barriers to market entry are commonplace,The problem of “no entry and no operation” is particularly prominent in high-margin industries and monopoly industries。The preferential government procurement policies stipulated in Article 40 of the Law are often idle。Some purchasers pass the minimum registered capital、Business years、Small and medium-sized enterprises are declined due to special qualification certificates and performance indicators。Chapter 7 of the law stipulates seven categories of statutory service measures,But the initiative of service、Lack of enthusiasm and creativity,Service content does not quench thirst,Preferential policies are out of reach。The effect of the seven rights protection measures stipulated in Chapter 8 of the Law is still not obvious。Small and medium-sized enterprises bear a heavier burden,In addition to paying utility bills、Rent、Bank interest、Wages and raw materials,The burden of other taxes and fees and the burden of inspection and supervision cannot be underestimated。Frequent repeated checks,Merger or joint inspection has not yet been fully promoted。Some local governments lack the spirit of contract。The new official ignores the old accounts、The phenomenon of randomly tearing up investment contracts happens from time to time。

(3) Financing difficulties for small and medium-sized enterprises、Financing is expensive、The long-standing problem of slow financing remains

Chapter 3 of the "Small and Medium Enterprises Promotion Law" stipulates eleven financing promotion systems,But it still fails to solve the financing problem from the institutional perspective。Due to the bank’s internal risk control system and incentive, restraint and accountability mechanisms, the development of inclusive financial business is restricted,It is not easy for small and medium-sized enterprises to obtain commercial bank loans。Due to too few types of collateral,It is common for family members of business owners to assume unlimited joint liability guarantee。Since most small and medium-sized enterprises have not yet benefited from the reform of the public stock issuance registration system,Direct financing channels in the capital market have not yet been opened。Result,Financing costs remain high。Bank loan interest rates are relatively fair,But difficult to obtain;Although the maximum interest rate for private loans has dropped from 24% to four times the LPR,But it is still higher than the average profit rate of many industries。

(4) The cost of rights protection for small and medium-sized enterprises remains high

Article 50 of the "Small and Medium Enterprises Promotion Law" prohibits infringement of the rights and interests of small and medium-sized enterprises and their investors。But infringements occur from time to time in practice。Some companies are afraid of the power of public power and are forced to sell assets at low prices,The properties of some companies have been illegally seized、Seizure、Freeze;Some business owners have been jailed due to civil disputes;The success rate and enforcement rate of lawsuits filed by some companies against untrustworthy local governments are not optimistic。The enterprise complaint channel required to be established in Article 51 of the Law has the phenomenon of "intestinal obstruction"。Article 53 of the law prohibits state agencies、Public institutions and large enterprises default on accounts owed to small and medium-sized enterprises,However, arrears are common in practice。Although accounts receivable account for a large proportion of sales revenue、Long bill period,But the vast majority of small and medium-sized enterprises swallow their anger in order to continue project cooperation,Even dare to be angry but dare not speak,Don’t even dare to sue to defend your rights。Result,Many companies are unsustainable,Forced to close down and go bankrupt。Although Article 54 of the Act prohibits illegal fees and fines,Article 55 requires the state to establish and implement a catalog system for enterprise-related administrative charges,However, the burden of gray enterprise-related charges with various names is still heavy。Fourth, complaints channels are not smooth,The investigation was not handled in time。

 三、Several Suggestions to Promote the Implementation of the Small and Medium Enterprises Promotion Law

(1) It is necessary to cultivate the belief and awe of the "Small and Medium Enterprises Promotion Law" in the whole society, especially the public authorities

A country governed by law respects the law、Belief in the law、Let the law be king、A country where law is the highest governing authority。A country ruled by law means that everyone consciously believes in and respects the law、Everyone consciously abides by legal principles、A country where everyone is proud to abide by and protect the law。A country governed by law is legislative science、Law Enforcement Regulations、A country with fair justice。A country governed by law advocates equality、Freedom、Innovation、Democracy、Human Rights、Integrity、Fair、Justice、Public welfare、Core values ​​such as win-win。The law is not only worthy of respect,More worthy of belief。The highest state of legal belief is,Lost legal faith,Will have no master、Panic and uncomfortable。The core of belief in law is to respect the law、Respect the Dharma、Respect the dafabet casino mobile appDharma、爱法、Xinfa、Francophile、near method、Law study、Fear of law、Comply with the law、Chongfa、Abiding by the law。The law cannot be blasphemed,Cannot be abused,Cannot be trampled。

The "Small and Medium Enterprises Promotion Law" has become an internationally competitive and good law after comprehensive revision in 2017。But the method alone is not enough。Therefore,Public power and the whole society should follow and implement the "Law on the Promotion of Small and Medium-sized Enterprises" as a touchstone to test the achievements of the rule of law in various localities and departments。Not only can June 27 every year become the statutory National Small, Medium and Micro Enterprises Day,Everyday should be Small, Medium and Micro Enterprises Day。

(2) We must deeply understand the “two unwavering” basic socialist economic systems established in the Constitution and the Civil Code

From the surface,The cruel reality that the implementation of the "Small and Medium Enterprises Promotion Law" is unsatisfactory highlights the weakness of promotional legislative projects。But in essence,The disregard for the implementation of the "Small and Medium Enterprises Promotion Law" stems from the lack of deep understanding and accurate understanding of the "two unwavering" basic economic systems。

Article 6, paragraph 2, of the Constitution emphasizes: “The country is in the primary stage of socialism,Adhere to public ownership as the main body、Basic economic system for the common development of multiple ownership economies,Adhere to distribution according to work as the main body、Distribution system with multiple distribution methods coexisting”;Emphasis on Article 11,"Individual economy within the scope of legal provisions、Private economy and other non-public economies,Is an important part of the socialist market economy。The state protects the individual economy、Legitimate rights and interests of the private economy and other non-public economies。National encouragement、Support and guide the development of the non-public economy,And supervise and manage the non-public economy in accordance with the law”。

Article 206, Paragraph 1, of the Civil Code reiterates the basic economic system: “The state adheres to and improves public ownership as the mainstay、Common development of multiple ownership economies,Distribution according to work is the main body、Multiple distribution methods coexist,Socialist market economic system and other basic socialist economic systems”;Paragraph 2 emphasizes “two unwavering beliefs”: “The state consolidates and develops the public ownership economy,Encouragement、Support and guide the development of the non-public economy”;Paragraph 3 confirms for the first time the rights to equality and development of market entities: “The country implements a socialist market economy,Guarantee the equal legal status and development rights of all market entities。”

The report of the 20th National Congress of the Communist Party of China was submitted,We must “build a high-level socialist market economic system。Uphold and improve the basic socialist economic system,Unswervingly consolidate and develop the public economy,Unwavering encouragement、Support、Guide the development of non-public economy,Give full play to the decisive role of the market in resource allocation,Better play the role of the government。” The Central Economic Work Conference held in December 2022 pointed out,We must effectively implement the "two unwavering principles","In response to the incorrect discussion in society about whether we adhere to the "two unwavering principles",Must have a clear attitude,Unambiguous”。Reiterate that “the requirement for equal treatment of state-owned and private enterprises must be implemented from a institutional and legal perspective,Encourage and support the development and growth of the private economy and private enterprises from the perspective of policy and public opinion。Protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law。”

General Secretary Xi Jinping also emphasized,"Consolidate the public economy、Good development,Same encouragement、Support、Guiding the development of the non-public economy is not antagonistic,But organically unified。Public ownership economy、The non-public economy should complement each other、Complement each other,rather than mutually exclusive、Cancel each other。The basic economic system is a system that we must adhere to in the long term。”

Therefore, "Two unwavering" has become a high political consensus in the country,A reassuring pill for small and medium-sized enterprises。To boost investment confidence、Retain domestic capital、Optimize the business environment friendly to small and medium-sized enterprises,Must be comprehensive、Science、Accurate、Completely understand the "two unshakable" concepts of the rule of law,In national legislation、Planning、Firmly establish equality of status in regulatory and judicial activities、Common development、Fair competition、Mutual cooperation、The modern rule of law concept of equal supervision and equal protection。

(3) Promote the development of small and medium-sized enterprises,We must comprehensively build a new pro-clean political and business relationship

The report of the 19th National Congress pointed out, “Building a new pro-clean political and business relationship,Promote the healthy development of the non-public economy and the healthy growth of people in the non-public economy”。2018 Government Work Report Emphasis,“Building a new pro-clean political and business relationship,Improve the mechanism for entrepreneurs to participate in enterprise-related policy formulation。 Inspire and protect entrepreneurship,Enhance entrepreneurs’ confidence,Let private enterprises show their talents in the wave of market economy”。2019 Government Work Report Reaffirmed,“Building a new pro-clean political and business relationship,Improving the communication mechanism between government and enterprises,Inspire entrepreneurial spirit,Promote the development and upgrading of the private economy”。

The report of the 20th National Congress of the Communist Party of China pointed out,We must “comprehensively build a pro-Qing government-business relationship,Promote the healthy development of the non-public economy and the healthy growth of people in the non-public economy”。The 2022 Central Economic Work Conference also emphasized,“Leading cadres at all levels must solve problems for private enterprises、Do practical things,Building pro-Qing political and business relations”。

The core of the new political and business relationship is to be pro-Qing Dynasty。Among them,“Pro” emphasizes building a service-oriented government and a diligent government。We must carry forward the concept of working diligently for the people,Oppose lazy government、Apathy、The chaos of lazy and careless governance。The mayor walks around the market,The government revolves around enterprises。The Qing Dynasty emphasized the construction of a rule of law government、Clean Government、Sunshine Government、Responsible government and honest government。"Qing" has four meanings: First, it refers to the moral cultivation of government workers as gentle as jade,Innocent,Put an end to treachery and loyalty、The fake and real two-faced chaos;The second refers to the transparency of government services,Clearly,There is no confusion;The third refers to the fact that government services are justified,Clear legal basis,Clear factual basis;The fourth refers to clear and refreshing political and business interactions,Put an end to money and power transactions,Businessmen are strictly prohibited from hunting leading cadres。

"Put、tube、Serving is inseparable,Coexist in the whole process of building a service-oriented government。 The core of "liberation" is to streamline administration and delegate power,Release reform dividend,Encourage companies to focus on improving the core competitiveness of their products or services,Promote the sustainable development of the company。"Guan" is the abbreviation of "Supervision",Includes prior supervision、In-process supervision and post-event dafabet casino mobile appsupervision。Failure in the market、When a company sees profits and forgets its loyalty,Regulators must step up,Defend a fair and just market order (including investment order、Transaction order and competition order)。The essence of "service" (service or support) is active action,The goal is to serve the rights protection of small and medium-sized enterprises and the healthy development of enterprises,Increase market activity and vitality of market entities,Create a warm and legalized business environment。"Put、tube、Serving” should take three measures simultaneously,Don’t be partial。Combining decentralization and management、The reform of management and service is always on the way。

(4) It is necessary to enhance the implementation rate of small and medium-sized enterprise-friendly financial support policies

Fiscal funds must be obtained from the people,Use it to the people。Use financial funds to support small, medium and micro enterprises,It is a source of tax conservation、A wise choice to expand the tax base。We must promote the seamless connection and co-frequency resonance between the Small and Medium Enterprise Promotion Law and the tax law。In terms of tax law,Tax law reform must implement light corvee and low taxes、Recuperate、Release water to raise fish、Companies that keep wealth from the people and their investor-friendly ideas。

The design of the company’s organizational form should also fully reflect the policy orientation of promoting the company’s longevity。In order to accurately implement the structural tax reduction and fee reduction policy,Encourage the sustainable development of small, medium and micro enterprises,It is recommended to learn from the American limited company (LLC) system,Establish a special limited company system with Chinese characteristics。This type of company does not pay corporate income tax,Only shareholders pay personal income tax when they receive dividends。To avoid this single-tier taxation、The corporate organizational form of shareholders limited liability company has been abused,It is recommended to limit shareholders to natural persons,And limit the company type to small, medium and micro companies。The layout of responsible persons in some places is not enough、The position is not high,Lack of strategic thinking and legal thinking of releasing water to raise fish,Even fishing in the lake、Or tear up the investment contract,As a result, some companies were forced to leave the market because they could not bear the burden of taxes or suffered from the government's breach of trust。The macro-control methods of some macro-control departments do not take into account the sustainable development interests of the company,Should be corrected。

The late U.S. Supreme Court Justice Brandeis once said: "Sunshine is the best preservative,The light bulb is the most effective policeman”。Recommended to improve the information disclosure system and performance evaluation system,Improving the transparency and credibility of the application and use of special funds for the development of small and medium-sized enterprises,Increase special funds for the development of small and medium-sized enterprises、Purchase Service、The accuracy and inclusiveness of rewards and other activities。Recommendations to enhance the sustainability of funding sources and fund use efficiency of small and medium-sized enterprise development funds。It is recommended to follow the principles of openness, fairness and justice,Promote the positive interaction between the "Government Procurement Law" and the "Small and Medium Enterprises Promotion Law",Introduction of the "Government Procurement Regulations for Small, Medium and Micro Enterprise Suppliers",Turn the vast number of small and medium-sized enterprises into mainstream suppliers in the government procurement market as soon as possible。

(5) It is necessary to open up small and medium-sized enterprise-friendly financing channels

The fundamental way to solve the "difficulty, expense and slowness" of corporate financing is not to condone irrational financing or loan crimes,It is about optimizing the ecological environment of the financial market that is inclusive and inclusive。We must accelerate the legalization of private lending、Marketization and fairness process,Encourage fair competition between private and formal financing channels,Implementing state-owned enterprises、Equal financing rights for private enterprises and mixed-ownership enterprises。

It is recommended to expand the multi-level capital market direct financing platform,Promote institutional competition among the stock exchanges in Beijing, Shanghai and Shenzhen。We must comprehensively promote the reform of the registration system for public stock issuance that is friendly to small and medium-sized enterprises,Lower the financial performance threshold for company IPO,Support sustainable business models of companies planning to be listed。Recommended to promote the standardized development of professional guarantee institutions。To combat Internet financial crimes,Encourage financial institutions to serve the development of the real economy,Control financial chaos from reality to fiction。We must promote supply-side structural reform with deleveraging as the core。

It is recommended to further lower the level of judicial protection for the annual interest rate of private loans。In 2020, the Supreme People's Court determined the upper limit of judicial protection for private lending interest rates based on 4 times the one-year loan prime rate (LPR) authorized by the National Interbank Funding Center to be released on the 20th of each month,Replace the "two lines and three districts based on 24% and 36%" in the original judicial interpretation,Significantly lowered the upper limit of judicial protection for private lending interest rates,Promote private lending interest rates to gradually adapt to my country’s national conditions。Based on the one-year loan market quoted interest rate released on July 20, 20203.4x calculation of 85%,The judicial protection limit for private lending interest rates is 15.4%,A significant decrease compared to the past 24% and 36%。But the interest rate is still high。It is recommended to reduce the LPR from 4 times to 2 times。

To make iron, you must first be strong yourself。Enterprises need to obtain low-cost financing,Must practice hard on internal strength,Effectively enhance one’s own vitality and product competitiveness。Small, medium and micro enterprises must be good at seeking progress while maintaining stability,Raise debt within your ability,Keep promises and keep promises,Avoid blind expansion,Reduce asset-liability ratio,Do not illegally transfer guarantee risks to others。Recommended to improve the company’s integrity reward and breach of trust sanctions system,Improving the legal representative’s credit responsibility system。The market has eyes,The law has teeth。

(6) It is recommended to build a small and medium-sized enterprise-friendly legal norm system with the "Small and Medium Enterprises Promotion Law" as the leader

Good laws are the prerequisite for good governance。There is a law,There may not be rule of law;If there is no good method,There must be no good governance。To promote advantages and eliminate disadvantages,It is recommended to build a small and medium-sized enterprise-friendly legal norm system with the "Small and Medium Enterprises Promotion Law" as the leader。Building a small and medium-sized enterprise-friendly legal regulatory system requires establishment、Change、Abandoned、Interpretation、Adopt five measures simultaneously。Enacting drastic new laws,Also revise the old law to keep pace with the times,Resolutely abolish the evil law,Explain the rough method in more detail。Only by passing the old and establishing the new through legal regulations,Only by eradicating the institutional obstacles that hinder the healthy development of small and medium-sized enterprises,Broadening the stage for small, medium and micro enterprises,Cultivation of new business formats for small, medium and micro enterprises,Comprehensively improve the competitiveness of small, medium and micro enterprises。

Small and medium-sized enterprise-friendly legal normative system includes laws and administrative regulations,Also includes departmental regulations、Diverse legislative documents Dafabet reviewssuch as local regulations and local administrative regulations。In a broad sense,Legal norm system and institutional system are synonymous,Including top-down exogenous system design of national public power,Also includes small and medium-sized enterprises、Bottom-up endogenous system design (such as company articles of association) by market entities such as industry associations (chambers of commerce) and self-regulatory institutions、Contract、Industry standards and self-discipline rules);Including written rules,Also includes business customs;Including the enterprise organization law headed by the "Small and Medium Enterprises Promotion Law",Also includes the economic law system with market supervision and macro-control as its core,Also includes the social legal system that highlights the social orientation。The law has temperature。To encourage the healthy growth of small and micro companies,It is recommended to balance the freedom of governance and transaction security of small and micro companies,Targeting one-person companies on the basis of protecting the bottom line of creditors、Couples or family companies implement decriminalization reforms,Exempt from applicable crimes such as job embezzlement and misappropriation of company funds and other specific crimes involving company legal persons,Synchronically increase the joint and several liability of shareholders of such companies for the company's debts,Lower the threshold for lifting the corporate veil。Therefore,The one-person company legal personality abuse presumption system stipulated in Article 63 of the "Company Law" should not be abolished or shaken,You can only persist、Development and improvement。

Although China is not a country with case law,But the judicial interpretation of the Supreme Court、Restatements of adjudication concepts (such as minutes of civil and commercial trial work meetings) and guiding cases also play an active role in leading adjudication standards in the field of commercial adjudication。Though the rules of post-event refereeing are not the rules of prior conduct,But objectively, it will subtly force or induce small, medium and micro enterprises to follow the general trend of marketization, globalization and digitalization,Adjust your business model in a timely manner、Behavioral Patterns and Thinking Patterns。

Small, medium and micro enterprises are both users of the legal system,Also the designer of the legal system。Good casting method,We must promote the spirit of democracy and science。Requirements of the Fourth Plenary Session of the 18th CPC Central Committee,"Promoting scientific legislation in depth、Democratic Legislation”,“Sound legislative leadership、The ways and means for all parties in society to participate in legislation in an orderly manner”,"Broaden the channels for citizens to participate in legislation in an orderly manner,Improving the public solicitation of opinions on draft laws, regulations and rules and the feedback mechanism on the adoption of public opinions,Extensively build social consensus”。The Fourth Plenary Session of the 19th CPC Central Committee required "legislation in accordance with the law",Improving party committee leadership、NPC-led、Government support、Legislative work pattern with participation of all parties”。

 Fanai public goods (public goods)。Fairness and justice are the soul of the law,Taking root is the lifeline of the law。Legislators must respect science、Advocating democracy、Open and transparent、Open the door to receive advice、Open up the conversation,Oppose working behind closed doors、Close your eyes and listen。We should encourage small, medium and micro enterprises that lack the right to speak to provide suggestions,We must also guard against neglecting to make suggestions during the legislative process、The phenomenon of complaining about legislative loopholes and unfair rules after the law is announced。We must oppose unfair and bad legal provisions (especially departmental laws that legalize departmental interests or monopoly enterprise interests),We must also prevent the scarecrow method of "cats in cattle pens"。

Source: National People’s Congress Small and Medium Enterprises Research Institute

Author: Liu Junhai, researcher at the National Research Institute of Small and Medium Enterprises at Renmin University of China,Professor of Law School of Renmin University of China


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