Basic introduction Chinese name: free enterprise system mbth: free enterprise system course: characteristics of registered individual owner system: free ownership: the basis of legal protection of property rights includes: definition of property rights system, entry and exit system, American free enterprise system, characteristics of free enterprise system, first, freedom, second, private ownership, third, transparency, fourth, self-discipline, the content, overview and significance of free enterprise system, and the principle of "commercial freedom". The inherent logic of the demand of the free enterprise system, the retreat of the country and the advancement of the people, the mindset, the market entry, the value of the free enterprise system, the effective fit between human nature and the market economy, the law of regulating and regulating people's behavior and the characteristics of the market economy are most in line with the essential characteristics of enterprises. The development and prospect of free enterprise system in China, the right to operate freely-from ideal to reality, the right to create freely-is getting closer and closer. The definition of free enterprise system is the inevitable requirement of the development of market economy and a free economy. The essential characteristics of market economy make the personality and talents of workers develop freely and be completely liberated. The most active subject in the market economy is the enterprise, whose state and vitality directly determine the rise and fall of the market economy. Only by establishing a free enterprise system can we adapt to the development requirements of market economy and stimulate the vitality of enterprises and the role of market economy in allocating resources. American free enterprise system The United States is a typical country that implements the free enterprise system. In the United States, enterprises owned by individual owners can be divided into registered individual owners and unregistered individual owners. According to the American legal concept and system, engaging in any profit-making business activities is a natural legal right of every citizen, and it does not need to be confirmed or restricted by the * * * department in the form of enterprise registration. Any citizen can engage in business activities according to his own wishes and get benefits. When American citizens engage in business activities independently as individuals, they naturally become wholly-owned enterprises that are the main players in the American market. In the United States, Americans engage in business activities in their own names, which can be perennial or seasonal. Do it if you want, and don't do it if you don't want. Milton friedman, an American economist who won the Nobel Prize in Economics, pointed out in his masterpiece "Capitalism and Freedom": "What is the significance of describing enterprises with freedom? In the United States,' freedom' is understood to mean that everyone has the freedom to start a business. " This may be the best interpretation of the free enterprise system. Characteristics of the free enterprise system From the experience of developed countries, the free enterprise system mainly has the following characteristics: First, free and free enterprise refers to the freedom of commercial subjects to invest, operate, trade and enter or exit the market. The survival, scale, benefit and growth speed of an enterprise depend on the choice of the market, and there should be no external restrictions or administrative protection that violates the principle of economic freedom. Second, as an independent subject of economic interests, private free enterprises should and must be equal and free traders who are not controlled by the government and can participate in market transactions and market competition. However, emphasizing the privatization of free enterprises does not mean privatization, let alone privatization. III. Transparency Transparency means that both parties to a transaction strive to provide comprehensive and accurate trading information and can keep their promises. Fourth, the freedom of self-discipline does not mean giving up self-discipline. On the contrary, the premise of freedom is self-discipline. Self-discipline is not only the characteristic of free enterprise, but also the foundation of its existence. Generally speaking, the basic content of the free enterprise system mainly includes two aspects: one is the right to create, and the other is the right to operate freely. The right to start a business freely is the core content of the free enterprise system, which includes two meanings: first, everyone has the right to start a business except those who are forbidden to engage in business activities by laws such as civil servants, and starting a business to engage in production and business activities is an innate right, which is regarded as a natural human right in western countries and cannot be deprived unless there are special provisions in the law; Second, in the process of enterprise establishment, as long as it meets the conditions prescribed by law, it should be registered. The "approval" or "recognition" of any organ for any reason is an infringement or deprivation of citizens' right to create freely, except for special areas stipulated by law. The meaning of management right is that once an enterprise is established, it is up to the enterprise to decide how to engage in business activities and what kind of business activities to engage in. The meaning of the right to operate freely mainly includes: first, the scope of production and operation of an enterprise is decided by the enterprise itself, except those explicitly restricted and prohibited by law; Second, the business activities of an enterprise are decided by the enterprise itself, relying entirely on the judgment of market information and the understanding of business rules, and no one else can interfere; Third, enterprises are responsible for the consequences of their business activities and bear the consequences; Fourth, it is up to the enterprise to decide whether to dissolve bankruptcy or merge with others. The principle of "freedom of doing business" The right basis of the free enterprise system is people's right to do business freely, which is called freedom of doing business in commercial law. The so-called "freedom of doing business" principle means that unless people's business qualifications are restricted by law, everyone enjoys the freedom to engage in business activities according to their own wishes. Freedom to do business or business is a basic right of human beings. Adam Smith has clearly stated in the Lectures on Law: "If the rights of freedom to do business and freedom of marriage are violated, it obviously damages the right of human beings to freely control their own bodies, that is, the right of human beings to do what they want without causing harm to others." Although not all countries strictly implement the principle of commercial freedom at all times, the principle of commercial freedom has been recognized in the laws of many countries, and even considered as a "constitutional principle". For example, article 19 19 of the Weimar Constitution stipulates: "In economic life, within this scope, Paragraph 3 stipulates: "The freedom of industry and commerce shall be guaranteed in accordance with the provisions of federal laws." The internal logic of the demand of free enterprise system "national retreat and people advance" is not the result of the designer's active choice, but the inevitable result of the marketization process. Its essence is the adjustment of ownership structure, which is the key to China's economic system reform. Without the loosening of ownership, the process of market allocation of resources will lose momentum, and a single distribution model will not be able to make a breakthrough. What is certain is that in the real market competition, the ownership structure will still change. The competition between public-owned enterprises and non-public-owned enterprises makes the non-public-owned economy, which was almost blank, gradually occupy a competitive advantage in some fields and make its advantages sustainable, which will inevitably lead to a pattern of functional division of labor determined by the market competition situation. This result inevitably requires the adjustment of the established functional division mode in concept. The development of non-public economy makes institutional competition a reality. In order to adapt to this environment, the state must adjust the management and operation system of state-owned assets, not only to separate government from enterprises to make state-owned enterprises face the market, but also to separate government from enterprises to maintain a level playing field required by market competition. At the specific operational level, the management and operation functions of state-owned assets should be further refined. Facing the growing non-public economy and expanding business boundaries, what form to implement social management has become a problem that must be solved. The process of market economy has shaken the foundation of the traditional public management system. The construction of macro-management system adapted to the real ownership structure is also extremely lagging behind. The long-term state-owned enterprise system has formed a certain mindset. It seems that no matter what kind of enterprises are under the control of * * *, the administrative control of * * * is the only way to realize social interests. In practice, this mindset shows a strong institutional inertia: in the environment where the non-state-owned economy has become an important force in economic and social development, the function of * * * has not changed in a directional way, and it still plays the role of a direct economic driving force. In reality, development zone construction and attracting investment are the two most typical manifestations. From the institutional point of view, our economic growth mode is still administrative-led. Market entry is not to deny the role of * * * in economic growth, but to say that the position of * * * in development has not been adjusted accordingly with the changes in the internal structure of the system. The crux of the matter is that * * * resources are not infinite. Since the system reform has produced a realistic force to promote economic growth, why should * * * directly intervene, but at the other end it has produced environmental constraints for development? Although we understand that the essence of market economy is the marketization of resource allocation, we are unwilling to admit that the entry of the market is accompanied by the withdrawal of administrative power, which actually inhibits the process of economic marketization. * * * plays a great role in the development of western capitalism. * * * is not to replace enterprises, let alone control enterprises, but to create conditions for enterprises to start businesses at lower costs. At the micro level, development depends on the free enterprise system, and the administrative threshold of citizens' free entrepreneurship is reduced or even eliminated as much as possible. From a macro perspective, to promote development, it is necessary to create an economic and social environment conducive to people's independent entrepreneurship. This is the inherent logic of the free enterprise system. The value of free enterprise system: the effective fit between human nature and market economy comes first. The core of the free enterprise system is the right to create and operate freely. The right of free creation embodies people's desire to create wealth and provides realistic opportunities and platforms for people's desire to create wealth. Anyone can start a business as long as they meet the conditions stipulated by law and do not need too many formalities or procedures. This convenient and free enterprise creation system conforms to both human nature and the requirements of market economy, and is an effective fit between human nature and market economy. From the perspective of human nature, human beings are rational first, profitable second, and risky at the same time. One of the most basic assumptions in economics is that "man is rational", that is, "rational man" is a rational person who pursues the maximization of his own interests or utility. A "rational man" has strong economic calculation ability, and can decide when and where to engage in what kind of business according to his own conditions and judgment of the surrounding environment. This judgment will fully meet the market demand and will be adjusted by the market even if there is an error. As a law to adjust and regulate human behavior, the law to adjust and regulate human behavior should have this quality, as scholars have pointed out: "People who seek to maximize their own interests will negotiate with each other to maximize their interests without legal interference and meet the requirements of efficiency (of course, this is under the assumption that there is no strong coercion from the weak). Therefore, for the legal design of regulating interpersonal communication, it is necessary to fully simulate the experience:' If the parties freely negotiate with each other, what kind of transaction mode they would like to adopt', that is, what kind of understanding they will achieve. On the other hand, if the law ignores the trend of human nature and always sticks to some' concepts of justice' and formulates laws that are not in line with human rationality, it must be inefficient and even difficult. " The free enterprise system conforms to the trend of human nature, and human rationality, profit-seeking and adventurous spirit can be fully displayed and brought into play in the free enterprise system. The characteristics of market economy are based on the requirements of market economy, which requires enterprises to have diversity, hierarchy, flexibility and adaptability. Only the right to create and operate freely in the free enterprise system can ensure that enterprises have the quality needed by the market economy, which endows enterprises with the characteristics of diversity, hierarchy, flexibility and adaptability. The internal operation of the market economy is extremely complex, with rapid and subtle changes. Only the free enterprise system can capture the information of the market economy in time and respond quickly, because the free enterprise system promotes the most instinctive side of people and gives full play to their potential instincts, which is also the most valuable part of the free enterprise system. As Adam Smith said: "Everyone should be completely free when he does not violate just laws. Let him pursue his own interests in his own way and compete with any other person or class with his own labor and capital. In this way, monarchs completely got rid of the obligation to supervise and guide private industry and make it most suitable for social interests. To fulfill this obligation, the monarch is prone to mistakes, and human wisdom or knowledge cannot be done properly. " According to Adam Smith, only private individuals can achieve the best operation of the economy according to their own judgments and methods. Any administrative organ or official who wants to supervise and guide the private sector will be in vain, or even "go astray", because "human wisdom or knowledge" can't resist the subtle and complicated economic operation. Second, the free enterprise system is the highest state in the enterprise system. Coase once pointed out in the article Nature of Enterprise published in 1937 that the enterprise and the market are two forms of contract, and the bureaucratic organization within the enterprise has played a very good role in coordinating the parties to the contract and reducing the transaction cost. Economists and jurists have completely different interpretations of the value and significance of enterprise existence. Economists study more about why economic activities should be carried out through enterprises, while jurists directly define enterprises as profit-making production and operation organizations. At the same time, while affirming the economic functions of enterprises, they also require enterprises to undertake social functions, that is, enterprises should undertake social responsibilities. In addition, they should study how to make enterprises successfully realize their economic functions through the design of legal system, and how to force enterprises to undertake social functions through the design of legal system. Enterprises are profit-oriented. Although economics and law study enterprises from different angles and focuses, they have the same thing, that is, they all admit that enterprises are for profit. Since the enterprise is profit-oriented, reducing transaction costs and improving efficiency is bound to be one of the very important means for the enterprise to achieve the profit-oriented goal. For a long time, economists have been tirelessly studying transaction costs and efficiency. Although economic efficiency is not the ultimate goal of law, it has become an indisputable fact that in recent years, the law has paid more and more attention to efficiency. The design of legal system is all around efficiency, and the design of enterprise legal system is no exception. The free enterprise system is most in line with the essential characteristics of enterprises, that is, it is most in line with the requirements of reducing transaction costs and expenses. Because of the enterprise's right to create and operate freely, the establishment and operation of the enterprise are completely in the state of the enterprise's own requirements, which is a direct reflection of the enterprise's market demand. There is no administrative intervention and factors outside the market, and there is no need to consider and pay more costs for factors outside the market. The "freedom" under the free enterprise system enables the "rationality" of enterprise founders and managers to give full play. This "rationality" can make the establishment, operation and closure of enterprises more in line with the market demand and respond to the market demand more quickly. The establishment and decision-making of enterprise institutions are entirely out of the wishes and actual needs of operators, which is more in line with the requirements of efficiency. Therefore, no matter from which point of view, in many enterprise systems, the free enterprise system is the system that best conforms to the essential characteristics of enterprises. The development and prospect of free enterprise system in China-the right to operate freely-from ideal to reality In China, the right to operate freely was implemented earlier. As we all know, one of the important contents of the enterprise reform, especially the reform of state-owned enterprises, which began at the end of 1978, is the decentralization of management rights, that is, the management rights of enterprises are gradually transferred from * * * to enterprises, from early decentralization to later contracting, leasing and then to joint-stock system. Every reform involves the independent operation of enterprises. At that time, the ultimate goal of the reform of state-owned enterprises was to become an economic entity of "self-management, self-financing". What is certain is that today, no matter whether it is a private enterprise or a state-owned enterprise, whether it is a corporate enterprise, a partnership enterprise or a sole proprietorship enterprise, there are no obstacles in the issue of self-management, and the state has sufficient laws and policies to ensure that enterprises operate independently. Not only the independent operation of enterprises is guaranteed by law, but also the revised Company Law in June 5438 +2005 10 clearly implements the principle of company autonomy. Theoretically speaking, corporate autonomy is a higher realm of independent operation of enterprises. Traditionally, the basic meaning of corporate autonomy can be understood from two aspects: First, the company, as one of the subjects of private law autonomy, enjoys the right of private law autonomy in its name, including the company itself, as an equal and independent transaction subject, enjoying the same extensive freedom as natural persons in the field of private law, such as freedom of contract, freedom of operation, freedom of choosing a job (choosing the scope of business) and so on. Second, shareholders, as owners of the company, enjoy the freedom to independently manage and operate the company, including the freedom to establish and dissolve the company, the freedom to decide the company's affairs, and the freedom to appoint and dismiss the company's leaders. The concrete manifestation of company autonomy is that the company decides its own affairs and others have no right to interfere. "Only when private disputes cannot be resolved will the state make a ruling as a court, and the court will still make a ruling based on the agreement of the parties, and the agreement of the parties shall not be changed at will." The establishment of the principle of corporate autonomy shows the respect of state power for corporate personality and makes corporate enterprises return to the original and simple space. Corporate autonomy is more relaxed and thorough than self-management, which makes the company completely independent of national politics or power. Under the premise of company autonomy, the scale and scope of free operation are self-evident. From the implementation of the right of independent management of enterprises to corporate autonomy, this is a major leap in the concept of China's enterprise system and lays the foundation for moving forward to the free enterprise system. The right of free creation-gradually approaching, the attitude of emerging countries to the establishment of enterprises has experienced a process of development and change. Early enterprises used to have obvious characteristics of * * *. In Britain in the18th century, only the king and parliament could grant company concessions. /kloc-Before the end of the 8th century, developed countries generally adopted a licensing system for the establishment of joint-stock companies. It needs to be approved by * * * to be established. However, after the middle of19th century, the state gradually gave up franchising and laissez-faire in establishing enterprises and began to adopt standardization. Starting a business is already quite free. As long as the conditions stipulated by law are met, an enterprise can be established without the approval or approval of any organ. After the reform and opening up, the establishment of enterprises in China has also experienced the development and change process from laissez-faire to normativism. Taking the company as an example, Article 77 of the revised Company Law stipulates: "The establishment of a joint stock limited company must be approved by the department authorized by the State Council or the provincial people's government." Article 6 of the revised Company Law stipulates: "To establish a company, an application for registration of establishment shall be made to the company registration authority according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company. If laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered. " It can be seen that in China, the establishment of a joint stock limited company has changed from a compulsory approval to a procedure that only needs approval according to the law, and "approval" has changed from "necessity" to "exception" and from normal to abnormal. In recent years, China's legislation has not only greatly adjusted the principles of enterprise establishment, but also simplified the procedures of enterprise establishment, mainly in the transformation of enterprise registration system from substantive examination to formal examination. On June 2004 10, the state administration for industry and commerce issued the regulations on enterprise registration procedures, and on February 2005 18, the State Council issued the revised regulations on company registration management. According to the above two provisions, the applicant can apply for the establishment of an enterprise directly at the place where the enterprise is registered or by mail, fax, electronic data interchange, email, etc. After receiving the application for registration, the registration authority shall examine whether the application materials are complete and conform to the statutory form. "If the applicant or his entrusted agent submits an application to the place where the enterprise is registered, he shall make a decision on approving the registration on the spot; If you apply for acceptance by mail, you shall make a decision to approve the registration within 15 days from the date of acceptance. " Only when "the enterprise registration authority considers it necessary to verify the substance of the application materials", it is necessary to send more than two staff members to verify the application materials. This practice has changed the "examination and approval system" or "approval system" of enterprise establishment registration in China in the past and turned to "registration system". "Registration system" refers to the unconditional registration of enterprises that meet the conditions prescribed by law, and no administrative organ may exceed the conditions to examine the application for the establishment of enterprises. Undoubtedly, the provisions of this establishment procedure have met the requirements of the right of free creation under the free enterprise system, which means that in China, the establishment of an enterprise is the self-behavior of any qualified citizen and will not be hindered by any organ. In summary, it can be seen that the right of free enterprise creation required by the free enterprise system has also been formed in China. Through the above analysis, we can find that the right of free management required by the free enterprise system is unquestionable in China, and the right of free creation has begun to take shape. So, does this mean that the free enterprise system has basically taken shape in China? The answer is no, of course. The core of the free enterprise system is the right to create and operate freely. However, free creation and management are not the whole of the free enterprise system. The free enterprise system requires providing enterprises with a more relaxed, fair, equal and free market environment and external conditions, which China does not yet have. Without such an environment, it is impossible to form a real free enterprise system. Market economy and free enterprise system are twin brothers, and a market economy without free enterprise system cannot be a real market economy. Therefore, it is inevitable to explore the free enterprise system while developing the market economy.