First, improve the civil legal system.
Civil law is the basic law of socialist market economy. The object of adjustment is the property relationship and personal relationship between equal subjects (market subjects), which embodies the inherent requirements of socialist market economy such as voluntariness, equality, equal compensation, self-financing, honesty and credit. Civil law belongs to private law. The spirit of autonomy of civil law is an inexhaustible source of vitality of market economy. Civil law stipulates the legal systems necessary for market economy, such as natural person system, legal person system, legal act system, agency system, prescription system, property right system, intellectual property system, creditor's rights system, personal rights system and civil liability system. It makes the rights of market subjects clear and legal, formulates rules of conduct for market subjects, and provides a basis for courts to adjudicate disputes. Therefore, civil law is the most important and basic law in the market economy. China formulated the general principles of civil law in 1986. At the same time, it has successively formulated the economic contract law, foreign-related economic contract law, technology contract law, urban real estate management law, guarantee law and other single-line civil laws. 1999, China has formulated a unified contract law on the basis of the original three contract laws. Since then, the task of formulating a civil code has been put on the agenda. This is not only the need to further improve the civil legal system, but also the requirement to complete the goal of socialist legal system construction in 20 10. On June 5438+February 17, 2002, with the assistance of substantive departments and academic circles, the the National People's Congress Standing Committee (NPCSC) Law Commission completed the drafting of the China People's Law.
In recent years, the National People's Congress Standing Committee (NPCSC) has reviewed the Property Law, which is an important part of the Civil Code. The establishment of the legal system of property rights is conducive to mobilizing the enthusiasm of the whole society to create, accumulate and protect property, promoting the development of social productive forces, promoting social progress and improving people's living standards. The draft property law has been discussed by the whole people and deliberated by the National People's Congress Standing Committee (NPCSC) for four times. After further consideration and revision, it will be adopted. The main task now should be to concentrate on the revision and deliberation of the draft civil code as a whole, and strive to pass the China People's Law and the State Law in 20 10, so as to establish the socialist market economy on a solid foundation of the rule of law.
Second, improve the commercial legal system.
Commercial law is an important law of socialist market economy. As a law regulating commercial behavior, it is a special law of civil law and belongs to the category of private law. China implements the system of civil and commercial integration, and does not separately formulate commercial codes, but separately formulates various separate commercial laws including company law, negotiable instrument law, insurance law, maritime law, securities law and so on. The task of commercial law is to standardize market subjects, standardize payment and credit means of trading activities, and establish a mechanism of mutual assistance and sharing of commercial risks. Formulate the same shipping rules and standardize the capital market. In 1990s, China completed the formulation of major commercial laws, such as Maritime Law, Company Law, Negotiable Instruments Law, Insurance Law, Securities Law, Trust Law, Partnership Law and Sole proprietorship Enterprise Law. In 2005, in order to meet the needs of the development of socialist market economy, China revised the Company Law and the Securities Law substantially. The revised Company Law lowers the threshold for establishing a company. It has guaranteed the freedom of investment and entrepreneurship, expanded the company's autonomy space, strengthened the protection of shareholders' rights and interests, especially the rights and interests of small and medium shareholders, strengthened the responsibilities of major shareholders, directors, supervisors and senior managers, improved the corporate governance structure, enriched the provisions on democratic management and protection of employees' rights and interests, and established the company's social responsibility and personality denial system, which is undoubtedly conducive to promoting the construction of China's modern enterprise system. Greatly improve the overall quality, integrity and competitiveness of the company. The revised Securities Law has further improved the securities issuance and trading system, opened up a new space for the development of the securities market, strengthened the protection of the rights and interests of small and medium-sized investors, strengthened the measures and means of securities supervision, increased the punishment for illegal acts, improved the supervision and law enforcement mechanism and supervision responsibility system, and provided a more effective institutional guarantee for the prosperity and development of China's capital market. According to the new problems raised in the development of socialist market economy, commercial laws such as cooperative law, commodity futures trading law, financial futures trading law, commercial trust law and bankruptcy law should be formulated as soon as possible, and existing laws such as partnership enterprise law and insurance law should be further revised to adapt to the new changes in the development of socialist market economy, better improve the legal system of market subjects, standardize market behavior and ensure the healthy and orderly development of socialist market economy.
Third, improve the economic and legal system.
Economic law is an important law of socialist market economy. The economic law mentioned here is not what we usually call economic law, nor is it what most economic law scholars call the economic law of adjusting vertical and horizontal unity, but the economic law recognized by all countries as a legal department. It is a law that the state intervenes, supervises and regulates the market from the overall interests of society. By its nature, it is public law. That is, the economic adjustment law. Although the modern market economy should be based on the autonomy and autonomy of market subjects, it is very necessary for the state to moderately intervene and macro-control the market in order to safeguard the overall interests of society and ensure the healthy development of the market. If the civil and commercial law allows market participants to cross the sea within the scope stipulated by law, create the latest technology and products, win the best performance, and promote production development and economic prosperity, then the economic law is useful.
Economic law can generally include three parts:
First, laws to create a competitive environment and maintain market order, such as anti-monopoly law, anti-unfair competition law, consumer rights protection law, advertising law and trade secret protection law, have not yet been formulated. Anti-monopoly law is a law that prohibits monopoly and other acts that restrict competition. Its legislative purpose is to prohibit and restrict competition, create a good environment for fair competition and make the market economy develop healthily. For our socialist countries, the enactment of anti-monopoly law also has the significance of safeguarding socialist purposes. Because any enterprise does not rely on competition to provide better products and better services to obtain benefits, but to obtain benefits through monopoly, which is essentially to occupy other people's labor by super-economic means. This goes against the purpose of socialism. Must be opposed. Moreover, the anti-monopoly law is not contradictory to scale operation, strong alliance and the formation of enterprise groups. It only opposes restricting competition and stifling economic vitality. The anti-unfair competition law should also be revised according to the new situation in order to better safeguard the fair competition order in the market.
The second is the national macro-control and management laws. China is a big socialist country with a large population and unbalanced development. Therefore, this kind of law is very important. We have enacted important laws such as the Budget Law, the Audit Law, the Central Bank Law, the Price Law, the Tax Collection and Administration Law, and the Banking Supervision and Administration Law. The next step is to gradually formulate laws such as planning law, scientific economic growth law, coordinated regional economic development law, coordinated urban and rural economic development law, circular economy promotion law, and energy conservation law. The budget law should be revised in time to further improve the public finance system and the financial transfer payment system. Refine budget items, strengthen project budgets, and increase the transparency and supervision of budgets. It is necessary to further revise the tax law, reform the value-added tax, unify the tax system, improve the preferential tax system and increase the cultivation of tax sources. These laws mainly draw up the rules for the state to indirectly regulate the economy, but they must also stipulate that direct administrative regulation and management measures should be taken according to law under certain conditions to maintain economic stability and social stability.
Third, national laws promote important industries and emerging industries. In this regard, we have enacted laws such as the Agricultural Law and the Electricity Law. Now it is necessary to formulate important laws such as high-tech industry promotion law, equipment manufacturing industry revitalization law, energy law and small and medium-sized enterprise development promotion law to optimize the industrial structure and promote industrial upgrading.
Fourth, improve the administrative legal system.
Administrative law is an important law to ensure the normal operation of the socialist market economy. It is a law to adjust the administrative relationship between the government and legal persons and natural persons. The establishment and development of socialist market economy needs the adjustment of administrative law, because the establishment and development of socialist market economy not only needs the organization and promotion of the government, but also needs the government to change its functions, improve its administrative management level and change the management mode of public affairs to meet the needs of the market economy. The government's management of the economy has changed from direct management to indirect management, from operational specific management to macro-control, and from administrative subordinate management to statutory functional management. The transformation of government's economic functions into economic regulation, market supervision, social management and public services will inevitably put forward higher, more and brand-new requirements for government work. Therefore, it is very urgent and necessary to further improve the administrative legal system and promote and guarantee the healthy development of the socialist market economy.
It is necessary to earnestly implement the Civil Service Law, strengthen the management of civil service assessment, and improve the quality of civil servants. We should formulate an administrative organization law, rationally divide labor and scientifically allocate administrative power, so as to legalize the establishment, authority, establishment and working procedures of state organs in China, ensure the stability of the state administrative system, enhance the level of specialization, improve administrative efficiency, and fundamentally play the role of institutional reform. An administrative procedure law should be formulated. In order to ensure the fairness, openness and legality of administrative work, it is necessary to formulate the Law on the Management of State-owned Assets, the Law on the Management of State-owned Natural Resources, the Law on the Management of State-owned Administration and Public Property, and the Law on the Management of Foreign Exchange Reserves, so as to separate the government as a public power from the government as a representative of state-owned property owners and investors of state-owned companies, and strengthen the administrative supervision of state-owned property. Ensure the effective exercise of state-owned property ownership and realize the preservation and appreciation of state-owned assets. Strengthen the regulation of state-owned land use right, mining right, transfer of state-owned shares and transfer of assets of state-owned companies to prevent state-owned property from being occupied and lost. We will better implement the administrative licensing law and the administrative punishment law, formulate the administrative compulsory law, further standardize administrative behavior, and prevent the abuse of administrative power. Further improve the legal system of economic supervision and administrative supervision. In order to strengthen and improve the state's supervision and management of environmental protection, natural resources, safe production, infrastructure construction, medicine and health, customs and other aspects. Strengthen the construction of a clean and honest legal system, stipulate the property declaration system, appointment system and avoidance system of senior civil servants according to law, and prevent corruption of public officials and abuse of power. In a word, we should further improve our administrative legal system to make the government's administrative management of economic work more efficient.
Verb (abbreviation of verb) perfects social legal system.
Social law is an indispensable and important law to regulate the socialist market economy, which mainly protects the social rights of laborers, the elderly, the unemployed, the disabled and other people in need. As a legal department, social law mainly occurred after 1960s. Its purpose is to protect the legitimate rights and interests of workers, safeguard the interests of vulnerable groups, ensure social justice, achieve social stability and ensure the healthy development of market economy from the overall interests of society.
The social legal system mainly includes three types of laws: the first type is labor law; The second category is social security law; The third category is social relief law. As the basic law of the labor law system, China's labor law was promulgated in 1994, but the relevant supporting laws are still not perfect. Pay close attention to the formulation of labor contract law, collective contract law, labor safety and health protection law, labor employment promotion law, vocational training law, prohibition of employment discrimination law, labor dispute settlement law, establish a relatively complete labor legal system, and bring China's labor relations into the rule of law as soon as possible. Effectively protect the legitimate rights and interests of workers, build socialist harmonious labor relations, and fully mobilize the enthusiasm and creativity of workers in developing the socialist market economy. Although China has formulated a series of social security laws and regulations and initially established a social security system, the social security legislation is still relatively backward. Compulsory social insurance laws such as the Social Insurance Law for the Elderly, the Social Insurance Law for Medical Care, the Social Insurance Law for Unemployment and the Social Insurance Law for Industrial Accidents should be formulated as soon as possible. With regard to the legal system of social relief, we have formulated the Law on Public Welfare Donation, and now we should gradually legalize the long-standing and effective minimum living security system. Accelerate the construction of social assistance system for urban and rural groups with special difficulties. Formulate a charity promotion law, encourage donations, promote righteousness, and help the weak and the poor.