The difference between private enterprises and enterprises

Legal analysis:

The difference between private enterprises and private enterprises: 1. Everyone is different: private enterprises, that is, non-state-owned enterprises. Private enterprise refers to an enterprise whose assets are privately owned.

2. Different mechanisms and property rights: private enterprises are based on the operating mechanism of the company, while private enterprises are based on the property rights of the company.

3. Privatization is a concept of non-state-owned and state-owned, that is, all non-state-owned and state-owned can be called privatization. Privatization is not the same as privatization. Under the realistic conditions in China, private economy includes individual industrial and commercial households, private enterprises, private scientific and technological enterprises, foreign-funded economy, township enterprises, cooperative enterprises or joint-stock cooperative enterprises, joint-stock enterprises in China and state-owned private enterprises.

4. Private enterprise and private enterprise are completely different concepts. Privatization is based on management mechanism, and privatization is based on property rights. The latter is protected by relevant laws. The former is just an academic theory. Although it is often said in practice that the industrial and commercial departments have no statistical caliber of private technology enterprises, the science and technology departments have statistics of private technology enterprises.

Private enterprises are aimed at state-owned enterprises. As long as they are non-state-owned, they can all be called private enterprises. Private enterprise is a legal concept. As long as there are more than eight employees, all enterprises with private property rights belong to private enterprises. The difference between private enterprises and private enterprises is mainly reflected in the concept. The former is from the management mode, and the latter is from the perspective of property rights.

Legal basis:

Article 6 of the Company Law of People's Republic of China (PRC) shall apply to the company registration authority for registration of establishment 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.

Where 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.

The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.

Derivative problem:

What rights do private enterprises enjoy?

Private enterprises enjoy the following rights in production and business activities:

(a) the name approved for registration enjoys the exclusive right within the prescribed scope;

(2) Operating independently within the scope of approval and registration;

(3) Deciding on the organizational structure of the enterprise, and recruiting or dismissing employees;

(four) to decide the wage system and profit distribution form of the enterprise;

(five) in accordance with the provisions of the state on price management, formulate the commodity prices and charging standards of enterprises;

(6) Signing contracts;

(seven) to apply for a patent or registered trademark.