论民营经济的激励型立法

On the Incentive Legislation Concerning the Private Economy

为民营经济发展营造更好的法治环境,有必要发挥法律的激励功能,从行为主体自身利益来激发市场活力。目前,我国的民营经济立法已实现从“管理型立法”到“促进型立法”的转型。“促进型”立法虽然已设置了一定的激励措施,但仍有大量未解问题,有待进一步挖掘法律的“利导性”潜力。民营经济立法应走向“激励型立法”,以立法创造增量利益关系。“激励型立法”要借助互联网、大数据、人工智能、云计算等技术,借鉴国外在经济立法激励型实践样本中的经验和举措,创造新型利益关系平台和机会,以实现权益分配制度机制的创新。在今后民营经济领域的立法中,要以集群、顺变、利导、赋权、赋能、共享等利益和机会的增量措施来建立激励机制,深度激发市场主体的创造潜力,让民营经济的创造活力充分施展。

It is essential to improve the legal environment for the private economy,hence helping to stimulate the market vitality.Market vitality should be stimulated from the selfinterest of actors.Currently,China’s legislation related to the private economy has changed from administrative to promotive.Though lots of incentives have been offered according to the promotive type of legislation,a lot of problems remain unsolved.The interest-oriented potential of law needs further release.Legislation in the field of the private economy is expected to move to the incentive type,which helps to create more benefits.Incentive legislation advocates taking advantage of the technology development including the Internet,big data,blockchain and other technologies.China should learn from foreign experience and measures in economic legislation incentive practice samples,create new platforms and opportunities for interest relationships,and realize innovation in the rights and interests distribution system and mechanism.In the future legislation in the field of private economy,it is necessary to establish an incentive mechanism with incremental measures of interests and opportunities such as clustering,adapting,guiding,empowering,enabling,and sharing,so as to deeply stimulate the creative potential of market entities and let the creative vitality of the private economy be fully displayed.