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1. Obligations of Enterprises
In China, once an enterprise is approved and registered by the industrial and commercial administration department and obtains the "Enterprise Legal Person Business License", it has legal person status and enjoys rights. At the same time, they must also bear corresponding obligations. (1) Enterprises’ obligations to the state: protect state property from infringement, use it effectively and increase its value, and be responsible for its own profits and losses; complete social welfare goals stipulated by the state or produce mandatory planned products; ensure the normal maintenance of state fixed assets , improve and update equipment; hand over profits and taxes in accordance with the law; comply with regulations on finance, labor wages and price management, and accept the supervision of relevant departments. (2) Enterprises' obligations to society: ensure the quality of products and services, be responsible to consumers and users; do a good job in the prevention and control of environmental pollution, and pay attention to social benefits and environmental economic benefits. (3) Enterprises’ obligations to their employees: maintain production order, do a good job in labor protection; improve the living conditions of employees; strengthen political and ideological, legal, national defense, scientific and cultural education and business training to improve the quality of the workforce; support and reward Employees’ scientific research, inventions, technological innovations, rational suggestions and socialist labor competition activities. Other enterprises with different ownerships should also bear corresponding obligations in accordance with the law.
In Japan, as the main body of economic activities, enterprises should also bear corresponding obligations while enjoying the rights conferred by the law. Generally speaking, enterprise laws mostly focus on supporting and encouraging the development of enterprises; while in civil laws, etc., there are provisions on penalties. In addition to complying with national laws and decrees and paying tax obligations in accordance with the law, enterprises should also assume certain social and legal responsibilities according to different situations. In recent years, many scholars have put forward the idea of ??corporate social responsibility around issues such as public hazards, environmental pollution, excessive price increases, and the oil crisis. As far as legal corporate responsibilities are concerned, they mainly include: (1) Corporate civil liability. It includes civil liability in civil law, such as tort liability or contract liability; civil liability in commercial law; civil liability of operators in company law; civil liability in economic law, etc. (2) Administrative responsibilities of enterprises. If the commercial law stipulates that administrative agencies may make a legal request when intervening in an enterprise, the court will issue a dissolution order based on the request. (3) Corporate criminal liability. Such as the penalties for economic managers in the Commercial Law, the special dereliction of duty crime of promoters, directors, etc. (Article 486 of the Commercial Law), the crime of excessive issuance (Article 492 of the Commercial Law), etc.
II. Measures to improve the enterprise management system
After the founding of New China, according to Article 32 of the "Common Program of the Chinese People's Political Consultative Conference": "Business operations in the country In enterprises, the current system of workers' participation in production management should be implemented, that is, the factory management committee is established under the factory director. "The state economic agency implements the management of the enterprise's production administrative work through the appointment of the factory director. Ze Liangxiong pointed out: "The state management of enterprises is to use the power of the state to comprehensively restrict (or restrict) the activities of private enterprises, thereby making them subject to the enterprise restraint measures adopted by the state for certain purposes." ⒅ World War II Before the end of the period, Japan had nationalized enterprises or requisitioned enterprise equipment. In the future, national management will be implemented with comprehensive restrictions to ensure the smooth development of the economy. After the war, in the process of realizing the modernization of economic management, Japanese enterprises generally implemented the reform of the management system and adopted the principle of decentralized management in order to adapt to the needs of modern production. That is, large enterprises "decentralized" management rights layer by layer and empowered Grassroots enterprises take a certain initiative in order to achieve operational flexibility and initiative.
The Japanese government’s management of enterprises is specifically implemented in the following three ways: (1) Free control (2) State control (3) Government-citizen coordination
3. Enterprise business activities Restrictive Measures
Although China currently does not have a unified anti-monopoly law or anti-unfair competition law, judging from the existing laws, there are some provisions on restrictions on unfair competition, and they will be gradually improved. The "Economic Contract Law", "Foreign Economic Contract Law" and "Technical Contract Law" have been promulgated and implemented one after another, as well as a series of contract regulations and decisions on liquidating and reorganizing companies.
In addition, the "Trademark Law", "Patent Law" and relevant regulations on advertising, prices, health and other management regulations have restrictive provisions on unfair competition, monopolistic combinations, and unfair business activities.
The "Monopoly Prohibition Law", known as Japan's economic constitution, was promulgated in 1947. It occupies an extremely important position in Japan's economic law system. After the war, the United States believed that the four major chaebols, Mitsui, Mitsubishi, Sumitomo, and Yasuda, formed around the blood relationships of the four major families, controlled a quarter of all Japanese companies through various means such as holding companies, and were Japan's plan for aggression. economic foundation, so measures were taken to dismantle the chaebols.
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