市场主体法律制度的改革与完善

Institutional Reforms and Improvements of Market Entities

结合十八届三中全会决议精神,可以从市场主体的类型、资本制度、准入制度、登记制度和退出制度方面,探讨市场主体法律制度的改革与完善。市场主体的类型应具有法定性、多样性、规范性、灵活性和一致性;市场主体资本制度改革应当完善相应的配套措施;应建立统一的市场主体登记制度和信息共享平台;在市场准入方面,应采取负面清单管理模式,并与政府职权法定原则相配套;同时,应促进破产法的有效实施,完善市场主体的退出制度。

This article, under the background of the Report of the 3rd Plenary Session of 18 th CPC Central Committee, studies the institutional reforms and improvements of market entities in China. It covers a wide range of subjects, including the categories of market participants, capital systems,rules of market entrance, rules of registration and rules of market exit. I argue that the forms of market players should fall within the legally prescribed categories, which, nevertheless, should provide multiple options. While mandating market players to abide by necessary institutional requirements, the law should provide them with flexibility of market operations. The reforms of capital systems should be accompanied with supporting measures. The State should adopt a uniform registration system for market players, which serves as a public, informational platform. In regulating market entrance, the law should employ a negative-list approach and enumerate the powers of governments. Furthermore, the law of bankruptcy should be enforced strictly, improving the rules of market exit.