法治保障民营企业健康发展的痛点与进路

Pain Points in Guarantee for Private Enterprises'Healthy Development through Rule of Law and Approaches

民营企业是我国社会主义市场经济最为广泛的活跃主体,具有不同于国营企业、外资企业、合资企业的特点,以法治保障民营企业健康发展成为改革开放40多年来中国特色社会主义市场经济的普遍共识。但是在实践中,囿于民营企业经济基础薄弱、竞争压力偏大、法治思维滞后等因素,一方面缺乏主动发挥法治保障民营企业健康发展的动因,另一方面缺乏积极有效法治保障民营企业健康发展的体系,亟需学界从法治规范体系、法治实施体系、法治保障体系和法治监督体系来探究法治保障民营企业健康发展的进路,切实发挥法治优化民营企业营商环境,维护民营企业合法权益,促进民营企业法治水平的提高。

As the most ubiquitous and active entities in China's socialist market economy,private enterprises possess characteristics different from state-owned enterprises,foreign-funded enterprises and joint ventures.Over the past 40 years of reform and opening up,there has been a consensus that guarantee for private enterprises'healthy development through rule of law is a must in the socialist market economy with Chinese characteristics.However,in practice,restricted by factors such as weak economic foundation,high pressure in competition,and lagging ideas about rule of law,private enterprises have no motivation to actively apply rule of law to guarantee their healthy development,and also lack active and effective systems to ensure the guarantee through rule of law.Therefore,it's imperative for the scholars to study the approaches to guarantee private enterprises'healthy development through rule of law from the systems of norms,implementation,guarantee and supervision related to rule of law,thereby giving full play to the roles of rule of law in optimizing private enterprises'business environment,protecting their legitimate rights and interests,and improving their level in rule of law.