集体所有制企业条例废止考--兼论集体企业法制的改革与完善

Research on the Abolishment of Two Collectively Owned Enterprise Regulations: Study on the Reform of Collectively Owned Enterprise Legal System

长期以来,调整集体企业的主要立法规范是颁布于计划经济时期的《城镇集体所有制企业条例》和《乡村集体所有制企业条例》,在市场经济体制所要求的企业组织法体系形成之后,这两部条例的主要内容不仅严重落后于宪法规范的发展,而且也被后来的其他企业立法所取代,从而基本上失去了原有的制度价值。为扫清立法的障碍,促进集体企业的进一步发展,在形式意义的法律文本上,两部条例应该被废止;在实质意义上的立法规范上,两部条例的主要规范已经被取代或者废止,个别条款的内容应该移植到其他企业立法。

For a long time, urban collectively owned enterprises regulation of the People＇ s Republic of China and Rural collectively owned enterprises regulation of the People＇s Republic of China, both promulgated in the planned economy period, have been the main rules to adjust collectively owned enterprises. After the establishment of business organization law system, in accordance with the re- quirements of socialist market economic system, the main contents of these two regulations, based on the legislative mode of ownership, have completely lost their value and significance. What＇ s more, these two regulations seriously lagging behind the development of constitutional norms, their legisla- rive function of regulating enterprises has been already replaced by the subsequent business organiza- tion law. In order to clear the obstacles of enterprise legislation and to promote the further develop- ment of collectively owned enterprise, these two regulations in their formal sense should be explicitly abolished. In fact, in the real sense of these two regulations, the basic terms have already been a- bolished, and the contents of some individual provisions should be transplanted to other enterprise laws.