On the legal protection of small and medium-sized ent
erprises in China
In China, the relevant legislation with the Law of the People's Republic of Chin
a on the Promotion of Small and Medium-sized Enterprises as the core constit
utes the legal protection system for small and medium-sized enterprises in Ch
ina, and the newly promulgated Anti-Monopoly Law enriches the legal protecti
on of small and medium-sized enterprises in terms of fair market order, mono
polistic behavior regulation, and exemption system. However, compared with
the relevant legislation of developed countries, there are still many problems i
n the legal protection of small and medium-sized enterprises in China. The Eur
opean Union, Italy, Japan and other countries are at the forefront of the world
in the protection of small and medium-sized enterprises, and learn from their r
elevant legislation to promote the construction of China's legal system.
Legal research for the development of small and medi
um-sized enterprises
In the market system, small and medium-sized enterprises with an absolute a
dvantage in terms of quantity are an indispensable force for optimizing the m
arket structure and promoting market competition. Moreover, the role of small
and medium-sized enterprises in achieving full employment, promoting techn
ological innovation, and providing diversified products and services in social a
nd economic life is also irreplaceable for large enterprises. It is the outstandin
g contribution of small and medium-sized enterprises in social and economic li
fe that determines that the government needs to promote the development of
small and medium-sized enterprises in order to fully realize the government's
social and economic functions. However, the rights and interests of small and
medium-sized enterprises in the market are often infringed upon due to the g
eneral lack of necessary production factors, the suppression of monopolistic b
ehaviors and the suppression of unfair competition, and the government's pre
ference for large enterprises. To overcome the unfavorable factors for the dev
elopment of small and medium-sized enterprises, it is necessary to rely on the
support of the government, especially the government to provide institutional
guarantees. In this regard, this paper systematically discusses how to establis
h and improve the legal system to promote the development of small and me
dium-sized enterprises, based on expanding the freedom of market access for
small and medium-sized enterprises, maintaining the market order of fair com
petition, and enhancing the market competitiveness of small and medium-size
d enterprises. The paper is divided into five parts. The first part deals with the
legal needs of SMEs and their development, and this part first explores the me
aning and criteria of SMEs. Different countries and regions, different historical
periods, and different industries have led to the uniformity of the meaning an
d standards of small and medium-sized enterprises. It is precisely because of t
he relativity of small and medium-sized enterprises that the academic commu
nity has different understandings of the meaning of small and medium-sized e
nterprises, and the research field is mainly focused on the measurement of qu
antity. I think this is not enough, this paper also analyzes and studies the esse
ntial attributes of small and medium-sized enterprises, and believes that the e
ssential attributes of small and medium-sized enterprises are mainly reflected
in the independence, ownership and management rights of the same, and tha
t small and medium-sized enterprises are invested and established by a very
small number of investors or even a single investor, with the same ownership
and management rights and enterprises to carry out production and operation
independently. These characteristics determine that the statutory SME standa
rds should take into account a variety of factors, including the characteristics
of the industry in which the SME is located, the market competitiveness of the
SME, the efficiency of the government's policies and regulations on SMEs, and
the socio-economic development status. Accordingly, the current statutory sta
ndards for small and medium-sized enterprises in China are proposed to be a
mended. Subsequently, through a brief description of the development history
of SMEs in various countries, the role of the government in promoting the dev
elopment of SMEs was analyzed. The outstanding contribution of small and m
edium-sized enterprises in social and economic life determines that the gover
nment needs to realize social and economic functions by promoting the devel
opment of small and medium-sized enterprises. However, small and medium-s
ized enterprises have funds and resources in the market
[Keywords]:
[Degree-awarding Institution]: Southwest University of Political Science
and Law [Degree Level]: Ph.D
. [Year of Degree Conferment]: 2006
[CLC Number]: D922.291.91
[Table of Contents]:
Executive Summary 3-7
Abstract7-16
Introduction 16-21
1. Formulation of legal research issues for the promotion of the development
of small and medium-sized enterprises 16-18
2. The current situation and main problems of legal research to promote the
development of small and medium-sized enterprises 18-19
3. The logical structure and research methods of this paper 19-21
1. The legal needs of small and medium-sized enterprises and their develop
ment 21-53
1. Determination of the meaning and criteria of small and medium-sized ent
erprises 21-31
1.1 Scientifically defining the meaning of small and medium-sized enterprise
s 22-26
1.2 Factors for establishing statutory standards for SMEs 26-29
1.3 Suggestions for the revision of China's current statutory standards for sm
all and medium-sized enterprises 29-31
2. The government promotes the development of small and medium-sized e
nterprises traced back to the source 31-43
2.1 A brief description of the development trajectory of small and medium-si
zed enterprises in various countries 32-35
2.2 The Socio-Economic Functions of Government and the Promotion of Smal
l and Medium-sized Enterprises 35-39
2.3 The weak position of small and medium-sized enterprises in the market r
equires government support39-43
3. Legal safeguards for the development of small and medium-sized enterpri
ses 43-53
3.1 Comparison of the pathways of governments to support the developmen
t of small and medium-sized enterprises44-47
3.2 Scope of legal adjustment for the promotion of the development of small
and medium-sized enterprises47-50
3.3 Legal Principles for the Development of Small and Medium-sized Enterpri
ses 50-53
2. Legal regulation of market access and promotion of the development of s
mall and medium-sized enterprises 53-82
1. Government regulation of enterprises and market access for small and me
dium-sized enterprises 53-62
1.1 The starting point of government regulation of enterprises - safeguarding
the public interest54-57
1.2 One of the consequences of the government's tightened corporate regul
ation is the reduction of market access for SMEs57-59
1.3 The government moderately deregulated enterprises and promoted mar
ket access for small and medium-sized enterprises59-62
2. The basic legal forms of market access for small and medium-sized enterp
rises and their statutory costs 62-72
2.1 Basic legal forms of market access for SMEs 63-67
2.2 Economic analysis of the statutory costs of market access for SMEs 67-7
2
3. Statutory conditions to facilitate market access for SMEs 72-82
3.1 Relaxation of the statutory conditions for market access for limited liabili
ty companies 72-75
3.2 Relaxation of the statutory conditions for market access for sole propriet
orship enterprises75-77
3.3 Relaxation of statutory conditions for market access for partnerships77-8
2
3. Legal Regulation of Market Competition Order and Promotion of the Devel
opment of Small and Medium-sized Enterprises 82-118
1. Market competition order and the development of small and medium-size
d enterprises 82-91
1.1 The interdependence of market competition and SMEs 83-86
1.2 The value of the competition law system for the development of SMEs 8
6-88
1.3 The Theoretical Basis and Framework of Competition Law from the Persp
ective of the Development of Small and Medium-sized Enterprises 88-91
2. Legal regulation of monopolistic behavior and promotion of the developm
ent of small and medium-sized enterprises 91-103
2.1 The role of the Anti-Monopoly Law in promoting the development of smal
l and medium-sized enterprises91-94
2.2 Regulating the Abuse of Market Dominance and Promoting the Developm
ent of Small and Medium-sized Enterprises 94-97
2.3 Regulating Joint Restraint of Competition and Promoting the Developmen
t of Small and Medium-sized Enterprises 97-99
2.4 Regulating business mergers and promoting the development of small a
nd medium-sized enterprises99-101
2.5 Except for the application of the Anti-Monopoly Law on Promoting the De
velopment of Small and Medium-sized Enterprises101-103
3. Legal Regulation of Unfair Competition and Promotion of the Development
of Small and Medium-sized Enterprises 103-118
3.1 Acts of unfair competition and their harm to small and medium-sized ent
erprises104-107
3.2 Regulating counterfeiting and promoting the development of small and
medium-sized enterprises 107-110
3.3 Regulating low-price sales and promoting the development of small and
medium-sized enterprises 110-112
3.4 Regulating Commercial Bribery and Promoting the Development of Small
and Medium-sized Enterprises 112-114
3.5 Regulating the Infringement of Trade Secrets and Promoting the Develop
ment of Small and Medium-sized Enterprises 114-118
4. Government Policy Regulation Law and Promoting the Development of Sm
all and Medium-sized Enterprises 118-156
1. Small and Medium-sized Enterprises Policy Regulation Law and Its Charact
eristics and Value Objectives 119-126
1.1 Policy Regulation Law and Constraints on the Development of Small and
Medium-sized Enterprises 119-122
1.2 Main features of the SME Policy Regulation Law 122-125
1.3 The value orientation of the SME Policy Regulation Law 125-126
2. Basic Policies for Small and Medium-sized Enterprises Regulation Act 126-
134
2.1 The Birth of the Basic Policy Law on Small and Medium-sized Enterprises
in Various Countries 127-129
2.2 Main contents of the Basic Policy Law on Small and Medium-sized Enterp
rises 129-132
2.3 Reflections and Suggestions on Improving China's Law on the Promotion
of Small and Medium-sized Enterprises 132-134
3. Law on the Regulation of Basic Policies for Small and Medium-sized Enterp
rises, 134-144
3.1 Law on the Regulation of Fiscal and Tax Policies for Small and Medium-si
zed Enterprises 134-139
3.2 Law on the Regulation of Financing Policies for Small and Medium-sized E
nterprises 139-144
4. Small and Medium-sized Enterprises Auxiliary Policy Regulation Law 144-1
56
4.1 Policy Regulation Law on Promoting Innovation in Small and Medium-size
d Enterprises 144-147
4.2 Small and Medium-sized Enterprises Information Consultation Policy Reg
ulation Law 147-150
4.3 Law on the Regulation of Market Expansion Policies for Small and Mediu
m-sized Enterprises 150-153
4.4 Law on the Regulation of Talent Protection Policies for Small and Mediu
m-sized Enterprises 153-156
5. Legal Regulation of Small and Medium-sized Enterprise Rights and Interest
s Organizations 156-178
1. The development of small and medium-sized enterprises needs to protect
their own interests 156-164
1.1 SMEs should actively engage in activities that influence the government1
57-160
1.2 Small and medium-sized enterprises need to form equity organizations t
o influence the government160-162
1.3 Functions of SME Interests Organizations 162-164
2. Government SME Management Institutions and Their Legalization 164-171
2.1 Legal regulation of small and medium-sized enterprise management age
ncies of national governments 164-167
2.2 The current situation of the small and medium-sized enterprise manage
ment institutions of the Chinese government 167-168
2.3 Statutory structure of government management agencies for small and
medium-sized enterprises 168-171
3. Legal Regulation of Socialized Service Organizations for Small and Mediu
m-sized Enterprises 171-178
3.1 Statutory Socialized Service Organizations for Small and Medium-sized E
nterprises in Various Countries 171-173
3.2 Current Situation and Existing Problems of Small and Medium-sized Enter
prises Service Institutions in China 173-175
3.3 Legal Regulation of Socialized Service Organizations for Small and Mediu
m-sized Enterprises 175-178
Brief conclusions 178-180
Ref. 180-186
Acknowledgments 186
Download the full article for more similar literature
Research on the legal system to promote the development of sm
all and medium-sized enterprises in China
Yuan Wenquan
Small and medium-sized enterprises play an important role in the economic development of vario
us countries, not only as a new economic growth pole to promote sustainable economic developm
ent, but also in maintaining a competitive market structure, promoting the vitality of economic dev
elopment, meeting social needs, maintaining social stability, etc., which cannot be replaced by larg
e enterprises, and then become an indispensable and important relying force for the government to
realize economic functions and build a harmonious society. This determines the need for the gover
nment itself to promote the development of small and medium-sized enterprises. However, small a
nd medium-sized enterprises are limited by their own weak economic strength, lack of social reso
urces and other factors, and are in a weak position in market competition, and need government su
pport to promote their own development. Based on the specific background and reality of the deve
lopment of small and medium-sized enterprises in China, this paper focuses on the protection and
promotion of small and medium-sized enterprises as a weak economy, improves the market compe
titiveness of small and medium-sized enterprises, analyzes the value pursuit, policy objectives and
institutional status of the legal system of small and medium-sized enterprises, and tries to discuss t
he legal support needed to promote the development of small and medium-sized enterprises from t
he institutional perspective, and how to construct and improve the legal system to promote the dev
elopment of small and medium-sized enterprises. The text is divided into seven parts. Part I, "Intro
duction". This paper mainly introduces the proposition, research status and main problems of the l
egal system to promote the development of small and medium-sized enterprises, as well as the stru
ctural arrangement and research methods adopted in this paper. Part II, "Overview of SMEs". First
ly, starting from the discussion of the legal definition of small and medium-sized enterprises, on th
e basis of examining the legal definition of small and medium-sized enterprises in foreign countrie
s and the evolution of the legal definition of small and medium-sized enterprises in China, the prin
ciples that should be followed in the legal definition of small and medium-sized enterprises in Chi
na and the legal definition of small and medium-sized enterprises are proposed, and the shortcomi
ngs of the definition of small and medium-sized enterprises in the Law on the Promotion of Small
and Medium-sized Enterprises are examined, and the essential characteristics and legal forms of s
mall and medium-sized enterprises are revealed. Then, the basic situation of the development of s
mall and medium-sized enterprises in China was analyzed. Among them, it includes the stage of d
evelopment it has undergone, its role in economic life, the market weakness in which it is located,
and the analysis of its causes. It reveals that the development of small and medium-sized enterpris
es needs the support of the government, and the government needs to promote the development of
small and medium-sized enterprises based on the need to realize economic functions, not only to p
rovide institutional support from the policy, but also to provide institutional guarantee from the la
w, as well as the legal particularity of the problem of small and medium-sized enterprises. The thir
d part is "The Value Pursuit of China's Small and Medium-sized Enterprise Legal System". Based
on the second part, the demand of the legal system for the development of small and medium-size
d enterprises and the revelation of the legal support of the government to promote the developmen
t of small and medium-sized enterprises, on the basis of analyzing the internal compatibility betwe
en the SME Law and the market economy, especially the phased development of the SME Law in
the development of the market economy, the three value orientations of fairness, security and deve
lopment of the SME Law are expounded. Then, through analysis and argumentation, it is conclude
d that China's SME Law has the attributes of industrial policy law. Then, combined with the nation
al industrial policy, the three major values of China's SME legal system should be integrated into t
he SME Law, and a new institutional value orientation in line with the national industrial policy o
bjectives is formed. This reveals the importance of the legal system for small and medium-sized e
nterprises in promoting the development of small and medium-sized enterprises and promoting the
implementation of national industrial policies. The fourth part is "Policy Objectives of China's Sm
all and Medium-sized Enterprise Legal System". Based on the analysis that the policy itself has le
gal attributes, obtains the binding force of laws and regulations, and then makes its policy objectiv
es regulated and guaranteed by law, and the integration of policy and law, combined with the discu
ssion of the value and goal orientation of China's SME legal system in the third part of this paper, i
t is explained that China's SME legal system is the legalization of the national SME policy, and the
policy objectives that should be prioritized are: regulating the government's economic behavior in
the field of small and medium-sized enterprises, ensuring the survival and development of small a
nd medium-sized enterprises, Promote the fair, coordinated and sustainable development of the in
dustry, and on this basis, the policy objectives are broken down in detail. The fifth part is "the basi
c situation of the legal system of small and medium-sized enterprises in China". In view of the gre
at significance of the value and objective orientation and implicit policy objectives of China's SM
E legal system to promote the development of SMEs, this paper reviews the internal system of the
current SME legal system and the shortcomings in market access regulation, financing guarantee s
ystem, property rights system and legislation itself on the basis of analyzing the evolution of Chin
a's SME policy and enterprise legislation. Part VI "Improvement of the Legal System for Promotin
g the Development of Small and Medium-sized Enterprises in China". Firstly, the legal system arr
angements for small and medium-sized enterprises in foreign countries are examined from the per
spective of legislative models, and on the basis of the evaluation and analysis of their systems, the
countermeasures and suggestions for improving the legal system for promoting the development o
f small and medium-sized enterprises are systematically put forward from the aspects of legal syst
em, market access regulation, credit guarantee system, modern enterprise property rights system, a
nd legal system of service system. Part VII "Conclusion". This paper briefly summarizes some of t
he basic understandings and views on the legal system that promotes the development of small an
d medium-sized enterprises through research.
[Keywords]: small and medium-sized enterprises, small and medium-sized enterprise law, legal sy
stem, legal value
【Degree-awarding Institution】: Chongqing University
[Degree level]: Ph.D
Year of Conferment of Degree: 2007
CLC Number: :D 922.291.91
【Catalog】:
Abstract 3-5 ABSTRACT5-12 1 Introduction 12-18 1.1 Formulation of the problem 12-14 1.2 Res
earch Status and Main Deficiencies14-16 1.3 Structure and Research Methods of the Paper16-18 2
Overview of SMEs18-48 2.1 Legal Definition of SMEs19-32 2.1.1 Investigation of the Legal Defi
nition of SMEs in Foreign Countries19-23 2.1.2 Analysis of the Legal Definition of SMEs in Chin
a 23-29 2.1.3 Legal Attributes of Small and Medium-sized Enterprises 29-30 2.1.4 Legal Forms of
Small and Medium-sized Enterprises 30-32 2.2 Basic Situation of Small and Medium-sized Enterp
rises in China 32-42 2.2.1 Development of Small and Medium-sized Enterprises in China in Differ
ent Periods 33-35 2.2.2 The Role of Small and Medium-sized Enterprises in China's Economic Lif
e35-39 2.2.3 Comparative Advantages and Weaknesses of Small and Medium-sized Enterprises in
China 39-42 2.3 Legal Particularities of Small and Medium-sized Enterprises in China 42-48 2.3.1
Particularities of the Legal Settlement of Small and Medium-sized Enterprises 43-44 2.3.2 Particul
arities of the Free Competition Safeguarding of Small and Medium-sized Enterprises44-45 2.3.3 P
articularities of Comprehensive and Coordinated Development of Small and Medium-sized Enterp
rises45 2.3.4 Particularities of the Main Status of Small and Medium-sized Enterprises45-48 3 The
Value Pursuit of China's Legal System for Small and Medium-sized Enterprises48-64 3.1 The Inte
rnal Fit of Small and Medium-sized Enterprises Law and Market Economy48-52 3.1.1 The Emerg
ence and Evolution of Enterprise Law49-50 3.1.2 Stages of SME Law in the Development of Mar
ket Economy 50-52 3.2 Legal Value of SME Law 52-56 3.2.1 Fair Value of SME Law 52-54 3.2.2
Security Value of SME Law 54-55 3.2.3 Development Value of SME Law 55-56 3.3 Value Objecti
ves of China's SME Legal System 56-64 3.3.1 Nature Positioning of SME Law 57-59 3.3.2 The V
alue Orientation of China's SME Legal System 59-64 4 The Policy Objectives of China's SME Le
gal System 64-76 4.1 Regulating the Government's Economic Behavior in the Field of SMEs 64-7
2 4.1.1 The Basic Positioning of the Government's Economic Functions 65-66 4.1.2 The Governm
ent Should Establish the Concept of Understanding SMEs 66-67 4.1.3 The Government's Economi
c Behavior in the Field of SMEs 67-72 4.2 Ensuring the Survival and Development of SMEs 72-7
4 4.2.1 Protecting the survival of small and medium-sized enterprises 72-73 4.2.2 Promoting the d
evelopment of small and medium-sized enterprises73-74 4.3 Promoting the fair, coordinated and s
ustainable development of industries74-76 4.3.1 Promoting the democratization of economic devel
opment74 4.3.2 Promoting the rationalization of industrial structure74 4.3.3 Promoting industrial s
tructural innovation74-76 5 The basic situation of China's legal system for small and medium-size
d enterprises76-96 5.1 The Evolution of China's SME Policy and Law76-80 5.1.1 The Developme
nt Trajectory of SME Policy77-78 5.1.2 The Evolution of Enterprise Legislation 78-80 5.2 The Cu
rrent Situation of China's SME Legal System 80-96 5.2.1 Analysis of the Current Legal System fo
r SMEs 80-85 5.2.2 Deficiencies of the Current Legal System for SMEs 85-96 6 Improvement of t
he Legal System for Promoting the Development of SMEs in China 96-144 6.1 Legal System Arra
ngements for SMEs in Western Countries 96-100 6.1.1 Examination of Legislative Models 96-99
6.1.2 Review of the Legal System 99-100 6.2 Improving the Legislative System for Promoting the
Development of Small and Medium-sized Enterprises 100-115 6.2.1 Improving Special Legislatio
n for the Development of Small and Medium-sized Enterprises 101-107 6.2.2 Improving Competit
ion Legislation to Promote the Development of Small and Medium-sized Enterprises 107-115 6.3
Improving Market Access Regulation and Promoting the Development of Small and Medium-size
d Enterprises 115-122 6.3.1 Promoting the Improvement of Market Access Regulation for Small a
nd Medium-sized Enterprises 115-119 6.3.2 Promoting the Improvement of the Government's Mar
ket Access Regulations for Small and Medium-sized Enterprises119-122 6.4 Improving the Credit
Guarantee System and Promoting the Development of Small and Medium-sized Enterprises122-13
3 6.4.1 Correctly Understanding the Role of Credit Guarantee for Small and Medium-sized Enterp
rises122-123 6.4.2 The Current Situation of the Construction of Credit Guarantee System for Smal
l and Medium-sized Enterprises in China123-129 6.4.3 Countermeasures for Improving the Credit
Guarantee System for Small and Medium-sized Enterprises in China129-133 6.5 Establishing a M
odern Enterprise Property Rights System to Promote the Development of Small and Medium-sized
Enterprises133-136 6.5.1 Clarifying the ultimate ownership of small and medium-sized enterprises
133-134 6.5.2 Establishing a modern enterprise system for small and medium-sized enterprises13
4-136 6.6 Improving the legal system for promoting the development of small and medium-sized e
nterprises136-144 6.6.1 Basic situation of the construction of the service system for promoting the
development of small and medium-sized enterprises in China136-138 6.6.2 Problems in the servic
e system for promoting the development of small and medium-sized enterprises in China138-140
6.6.3 Promoting the Improvement of the Legal System of the Service System for the Development
of Small and Medium-sized Enterprises in China140-144 7 Conclusions144-146 Acknowledgment
s146-148 References148-154 Appendix154Download More similar literature
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Research on the legal system of China's SME service s
ystem
Fan Jingsi A
The development of small and medium-sized enterprises is a hot topic in toda
y's society. With the increasing status and role of small and medium-sized ent
erprises in all countries in the world, both developed and developing countries
have continuously adopted active policies and legal measures to protect and s
upport the development of small and medium-sized enterprises. In order to ad
dress the question of how to implement government support measures, count
ries have noted the importance of nurturing the service system for small and
medium-sized enterprises. In the development of the service system for small
and medium-sized enterprises, developed countries have already had some s
uccessful experience, from the construction of the service system to the impr
ovement of the legal system has provided China with useful references. The c
onstruction of China's small and medium-sized enterprise service system has j
ust started, although some progress has been made in the setting of service i
nstitutions and the improvement of the service system, there are still many i
mperfections, and there are many problems that need to be studied. Specifica
lly, the problems existing in China's SME service system are mainly the immat
ure development of service subjects, the imperfect order of the service marke
t, and the lack of legal basis for the construction and improvement of the servi
ce system. Therefore, in view of the problems existing in the development of
China's SME service system, combined with the successful experience of forei
gn countries in supporting and developing SME service system, improving the
legal guarantee mechanism of SME service system is the focus of this paper. T
his paper is divided into four chapters, the first of which discusses the basic th
eoretical issues of SMEs and SME service systems, including the legal definitio
n standards of SMEs and the meaning of SME service systems. Chapter 2 anal
yzes and studies the policies and legislation of the development of SME servic
e systems in the United States, Japan, and South Korea, and reviews the legisl
ation of SME service systems in each country. Chapter 3 discusses the basic si
tuation of the current construction of the service system of small and mediu
m-sized enterprises in China, and analyzes the existing problems and reasons
for it. Chapter 4 is the focus of the full text, mainly from the direction and prin
ciples of the legal system of China's SME service system and the improvement
of the content of the SME service system, and how to improve the legal guara
ntee mechanism of China's SME service system. This paper conducts a compr
ehensive and systematic study on the legal system of SME service system, ma
inly because the construction of legal system is the key content of the constru
ction of SME service system in China, and it is of great significance to improve
the service system of SME enterprises. First of all, the use of the legal system
to ensure the construction of the service system for small and medium-sized e
nterprises is conducive to standardizing government behavior, more effectivel
y cultivating various service organizations, and ensuring their status as marke
t players. country
[Keywords]: Legal system of small and medium-sized enterprise ser
vice system
[Degree awarding unit]: Minzu University of China
[Degree level]: Master
[Year of degree award]: 2006
[CLC number]:D922.291.91
[Table of Contents]:
Abstract 2-4
ABSTRACT4-7
Dir. 7-9
Chapter 1 Meaning of Small and Medium-sized Enterprises and Their Service
Systems 9-17
Section 1 Legal Definition of Small and Medium-sized Enterprises 9-12
1. Definition standards for foreign small and medium-sized enterprises 9-10
2. Definition standards for small and medium-sized enterprises in China 10-1
2
Section 2 The Status and Role of Small and Medium-sized Enterprises 12-14
I. The Status and Role of Small and Medium-sized Enterprises in the Develop
ment of the World Economy 12-13
II. The Status and Role of Small and Medium-sized Enterprises in China's Eco
nomic Development 13-14
Section 3 Meaning of SME Service System 14-17
1. Participating institutions in the SME service system15
2. The operating mechanism of the service system for small and medium-siz
ed enterprises 15-16
3. The main contents of the service system for small and medium-sized ente
rprises 16-17
Chapter II: Legislation on the Development of Service Centers for Small and
Medium-sized Enterprises Abroad 17-29
Section 1 U.S. Small Business Service System Legislation 17-20
1. Participating institutions in the U.S. Small Business Service System 17-18
2. The service scope of the U.S. small business service system 18-20
3. An Analysis of the U.S. Small Business Service System Legislation 20
Section 2 Legislation on the Service System for Small and Medium-sized Ente
rprises in Japan 20-24
1. Participating institutions in Japan's SME service system 21-22
2. The service scope of Japan's SME service system 22-23
3. Commentary on the legislation of Japan's SME service system 23-24
Section 3 Legislation on the Service System for Small and Medium-sized Ente
rprises in Korea 24-29
1. Participating institutions in the Korean SME service system 25-26
2. Service scope of the Korean SME service system 26-28
3. Commentary on the legislation of the service system for small and mediu
m-sized enterprises in South Korea 28-29
Chapter 3 Analysis of the Current Situation and Problems of China's SME Ser
vice System 29-38
Section 1 Basic Situation of the Construction of the Service System for Small
and Medium-sized Enterprises in China 29-33
I. Policy and Legislative Status of China's SME Service System 29-30
2. The development of China's small and medium-sized enterprise service in
stitutions 30-31
3. The construction of the service system for small and medium-sized enterp
rises in China 31-33
Section 2 Problems in China's SME Service System 33-38
1. Lack of a unified SME management body 33-34
Second, the competitive landscape of resource-providing intermediaries has
not yet been formed34
3. Lack of standardized management of economic assurance intermediaries
34-35
Fourth, the self-regulatory organization of enterprise cooperation is immatur
e 35-36
5. The order of the intermediary service market is not perfect36
6. There is no legal basis for the construction and improvement of the servic
e system for small and medium-sized enterprises36-38
Chapter 4 Improving the Legal Guarantee Mechanism for China's SME Servic
e System 38-48
Section 1 Directions and Principles of Legislation on China's SME Service Syst
em 38-41
1. The content covered by the legislation on the service system for small and
medium-sized enterprises must be comprehensive38-39
Second, the legislation of the service system for small and medium-sized ent
erprises should be specific, clear and operable39-40
3. The legislation of the service system for small and medium-sized enterpris
es should be based on reality and reflect the timeliness of the system40-41
Section 2 Main contents of the legal system for improving the service system
for small and medium-sized enterprises in China 41-48
I. Improving the legal system for the main body of the SME service system 4
1-43
2. Improving the legal system for the operation of the service system for sm
all and medium-sized enterprises 43-48
References 48-52
List of academic papers published during the study of the degree 52-53
Minzu University of China Graduate Dissertation Author's Statement 53-54
Acknowledgments 54
Download the full article for more similar literature
The living environment of China's small and medium-s
ized enterprises
Zhang Chaoxiao A, Pu Yongjian A
Small and medium-sized enterprises occupy an important position in the nati
onal economy, but in recent years, the number of small and medium-sized ent
erprises, the GDP created and the proportion of profits and taxes tend to decli
ne. This paper analyzes the living environment of small and medium-sized ent
erprises in China from eight aspects: industrial organization, macroeconomic s
ituation, economic policy, legal environment, financing channels, social burde
n, social concept and socialized service system.
【Author's Affiliation】: School of Business Administration, Chongqing Univ
ersity, School of Business Administration, Chongqing University
【Keywords】: Economic Policy for the Living Environment of Small a
nd Medium-sized Enterprises
【Fund】:Canadian University-Industry-Academia Alliance and National Natur
al Science Foundation of China (CCUIPP-NSFC)
[CLC Number]: F276.3
[Text Snapshot]:
Small and medium-sized enterprises are of strategic significance in solvin
g the employment of laid-off workers in urban areas, absorbing rural surplus l
abor, guiding the transformation of agricultural population into non-agricultur
al population, accelerating urbanization, promoting economic growth, promoti
ng effective competition in towel fields, and realizing scientific and technologi
cal innovation and achievement transformation. Small and medium-sized ente
rprises have been transformed from a supplement to the national economy int
o an important pillar of the national economy. However, small and medium-siz
ed enterprises are resistant because of their small scale
Download the full article for more similar literature
Analysis of the development environment of small and
medium-sized enterprises in China and policy suggest
ions
Song Jingyuan A
With the adjustment of economic structure, the development of small and me
dium-sized enterprises has entered a new stage and has become an importan
t part of the overall development strategy of the country. There are many con
tradictions and problems accumulated by small and medium-sized enterprises
in China for a long time, which not only requires the improvement of the gove
rnance mechanism of the enterprises themselves, but also requires the gover
nment to create a good external environment for the development of small an
d medium-sized enterprises. At present, there are some problems and defects
in the main environmental factors affecting the development of small and me
dium-sized enterprises in China. To this end, it is suggested that the governm
ent should speed up the establishment and improvement of a policy system t
o support the development of small and medium-sized enterprises, including
government management, legal conditions, fiscal and tax support, credit guar
antees, and socialized comprehensive services.
【Author's Affiliation】: Department of Finance, Henan University of Finance
and Economics
【Keywords】: Social Service System of National Treatment Credit G
uarantee System for Environmental Factors
【CLC Number】:F276.3
【Snapshot 】 ：
1. Environmental factors affecting the development of small and medium-
sized enterprises (1) Social environment: the construction of the macro mana
gement system is lagging behind, and the legal system is not perfectUnder th
e conditions of market economy, the government's management functions for
small and medium-sized enterprises are mainly manifested in the implementa
tion of laws and policies, the coordination of the relationship between govern
ment departments and enterprises, and the provision of various policy guidan
ce and consulting services for small and medium-sized enterprises, without dir
ectly intervening in the specific business activities of enterprises. and
On the legal protection of small and me
dium-sized enterprises in China
The market economy is an equal economy, and the equality of status among market entiti
es is a sacred and inviolable basic principle, and the equality of the main body is the corn
erstone of the healthy and orderly development of the market economy. With the continu
ous development of the economy, large enterprises continue to emerge, and the enormity
of their economic strength has led to the breeding of special rights and interests in transa
ctions, breaking the state of "equal status" between market players. The state must prote
ct the rights and interests of small and medium-sized enterprises through special relief la
ws, so as to achieve equality in the state of economic transactions from the legal level. In
developed countries, this is generally regulated through competition laws and special prot
ection legislation for small and medium-sized enterprises to ensure the healthy and orderl
y development of the market economy. 1. The current situation of legal protection of small
and medium-sized enterprises in China In China's original economic model, legislation pa
ys more attention to state-owned enterprises, especially the development of large state-o
wned enterprises. The legal protection of small and medium-sized enterprises in China is
mainly reflected through the following laws and policies: the highly targeted legislation ma
inly includes the Law of the People's Republic of China on the Promotion of Small and M
edium-sized Enterprises and the Standards for the Classification of Large, Medium and S
mall Industrial Enterprises; It is also covered in the Company Law, the Securities Law, the
Intellectual Property Law, the Regulations on Urban Collectively Owned Enterprises and t
he Township Enterprise Law. Among them, the Law of the People's Republic of China on
the Promotion of Small and Medium-sized Enterprises is the basic law in the law of small
and medium-sized enterprises, which is of great significance to protect and promote the d
evelopment of small and medium-sized enterprises. It clarifies the legislative purpose: ......
(This article has 5 pages).
On the protection of the legal rights and interests of small and medium-sized ent
erprises in China
2011-11-23 11:58 Source: Legal Education Network [Large, Medium an
d Small] [I want to correct errors].
Abstract: Small and medium-sized enterprises are an important supporting for
ce in China's economic and social development. The rapid improvement of Chi
na's economy over the past few years has fully proved that for a country's eco
nomy to be strong, it must not only have large enterprises that can go global,
but also successful small and medium-sized enterprises.
【Keywords】small and medium-sized enterprises, legislative status, system i
mprovement
Small and medium-sized enterprises (SMEs) are an extremely important force
in the economic development of countries around the world today. In terms of
quantity alone, the number of small and medium-sized enterprises in both dev
eloped and developing countries accounts for the vast majority of the total nu
mber of enterprises in each country, and also accounts for a high proportion i
n terms of output value, sales, and employment. In order to maintain a fair en
vironment for the development of small and medium-sized enterprises, legisla
tion should be adopted to protect the legitimate rights and interests of small a
nd medium-sized enterprises, so as to gradually form a competitive structure
of the market.
1. The current status of legislation on the competition protection of small and
medium-sized enterprises
Guiding small and medium-sized enterprises should mainly be reflected in th
e fact that the state actively encourages or restricts the development of small
and medium-sized enterprises in certain fields through industrial policies and l
egalization, and promotes small and medium-sized enterprises to realize their
technological innovation. At present, China has promulgated the Law of the Pe
ople's Republic of China on the Promotion of Small and Medium-sized Enterpri
ses and other laws to protect and promote the development of small and med
ium-sized enterprises in market competition. The SME Law is a law of the stat
e aimed at protecting, supporting and guiding small and medium-sized enterp
rises. However, in the current market competition, the protection of small and
medium-sized enterprises by law is still lagging behind, therefore, China's sma
ll and medium-sized enterprises still have problems in market competition, su
ch as financing difficulties, weak competitiveness, lack of ability to achieve ec
onomies of scale, appreciation of the renminbi, and squeezed profit margins.
Therefore, speeding up the improvement of the legal system is an urgent task
for China to protect and promote the development of small and medium-sized
enterprises.
2. Improve legal measures for the competition protection of small and mediu
m-sized enterprises
The study of the protection of the legal rights and interests of small and medi
um-sized enterprises is because small and medium-sized enterprises can effec
tively promote market competition, and small and medium-sized enterprises a
re one of the backbone forces to solve employment and stabilize society, and
play an important role in technological innovation, which will help China furthe
r deepen reform. Therefore, the author believes that it is very necessary to str
engthen the building of the legal system for small and medium-sized enterpris
es.
1. Strengthen and improve the financial legal system
Establishing a smooth financing channel for SMEs is one of the most important
means of legal protection for SMEs. For a long time, there has been a fault lin
e between SMEs and banks due to factors such as low assets, high financing c
osts, non-standard financial management of enterprises, and difficulty in loan
collateral guarantees. The author believes that the construction of a financing
support system for small and medium-sized enterprises should be considered
from two aspects: (1) sublimation of the reform of the financial system and th
e establishment of financial institutions specializing in serving small and medi
um-sized enterprises. (2) Establish a diversified credit guarantee system, use
the law to protect the legitimate rights and interests of small and medium-size
d enterprises, and promote the development of small and medium-sized enter
prises.
In order to solve the problem of insufficient credit of small and medium-sized
enterprises, it is possible to implement a small and medium-sized enterprise
management law similar to the "Small and Medium-sized Enterprise Managem
ent Act" promulgated by the United States Government in 1958, through the e
stablishment of a small and medium-sized enterprise administration to manag
e small and medium-sized enterprises through direct loans, coordinated loans
and guaranteed loans. The SME Investment Corporation set up under this adm
inistration bureau uses stocks and bonds to make up for the lack of funds for s
tarting a business, which is the so-called "bond guarantee plan". The author b
elieves that China can learn from its success and make the following adjustme
nt plans in combination with the actual situation of its own country: accelerate
the improvement of the financing market, the author believes that the key is t
o strengthen loan guarantees, establish a multi-level capital market to provide
financing sources for small and medium-sized enterprises. In addition, the aut
hor believes that the small enterprise management institution established by t
he government can provide 75% of the total guarantee amount to the comme
rcial banks, and the commercial banks should bear the rest. This government-
guaranteed mechanism can ensure that SMEs receive adequate financing sup
port, and for this purpose, the government provides annual budget allocations
for SME credit guarantee to cover the SME credit guarantee fund and establis
h a risk compensation mechanism.
2. Strengthen the implementation of existing laws, improve legislation for sma
ll and medium-sized enterprises, and provide legal basis and guarantee for th
e development of small and medium-sized enterprises
Among the laws that have been promulgated in China, the laws closely relate
d to the development of small and medium-sized enterprises mainly include t
he Law of the People's Republic of China on Township Enterprises, the Law of t
he People's Republic of China on Sole Proprietorship Enterprises, etc. In additi
on, the 2007 revision of the Partnership Enterprise Law of the People's Republi
c of China on limited partnerships has provided a legal basis for small and me
dium-sized enterprises to obtain financing; The Anti-Monopoly Law of the Peop
le's Republic of China, promulgated in 2007, provides a strong legal guarante
e for small and medium-sized enterprises to compete fairly in the market. The
author believes that it is necessary to strengthen the implementation of existi
ng laws and improve their supporting measures within the framework of existi
ng laws, so as to protect and promote the development of small and medium-
sized enterprises.
In addition, we will implement the Company Law and promote the process of i
mproving the governance structure of small and medium-sized enterprises. In
their management and operation, small and medium-sized enterprises should
strictly follow the requirements of the Company Law and separate ownership
and management rights, so that the company's operators can make use of th
eir unique business talents to better manage the enterprises within the scope
of their authority.
Finally, it is necessary to abide by the "Accounting Law" and strictly enforce th
e financial and economic system. The author believes that this is also very ne
cessary, because the financial situation is a barometer that reflects the operat
ing status of the enterprise.
3. Amend the tax law and use tax leverage to strengthen the protection of the
development of small and medium-sized enterprises
As a lever to regulate the economy, taxation has a positive effect on promotin
g the development of small and medium-sized enterprises. At present, China's
preferential tax measures for small and medium-sized enterprises are relativel
y simple, mainly reducing tax rates and tax exemptions. The preferential tax p
olicies for small and medium-sized enterprises, such as raising the tax thresho
ld, investment credits, and increasing the depreciation of fixed assets, which a
re generally applicable in various countries, are rarely adopted. China should
adopt a variety of preferential measures to provide targeted and effective pref
erential tax measures for the establishment, development and scientific and t
echnological development of small and medium-sized enterprises. The author
believes that small and medium-sized enterprises play an irreplaceable role in
broadening employment channels and promoting scientific and technological i
nnovation, but after all, small and medium-sized enterprises are "small and m
edium-sized" enterprises, and their economic strength and market competitiv
eness are in a weak position, as well as various problems encountered in econ
omic practice, such as financing difficulties, etc., small and medium-sized ente
rprises to develop without the full support of the government, so the governm
ent has the responsibility and obligation to create a good environment for the
survival and development of small and medium-sized enterprises from all asp
ects.
4. Curb administrative monopolistic behavior
A particularly important content of China's anti-monopoly law is to curb admin
istrative monopoly and oppose the abuse of administrative power by the gove
rnment and its subordinate agencies to restrict competition. Administrative m
onopoly is extremely destructive to economic life, and it will cause certain ma
rket entities to obtain improper support or one-sided protection from administ
rative power, thus causing unfair and inefficient market competition, and gove
rnment corruption is inevitable in the process. At present, there are several m
ain manifestations of administrative monopoly in China: in vertical industries,
they are manifested as industrial monopolies, such as large enterprise groups
that undertake the task of managing industries and enterprises affiliated with
organs directly under the central government; Within horizontal administrativ
e regions, they manifest themselves as regional monopolies, or local protectio
nism. In addition, it is also manifested in the "pulling and matching" in enterpr
ise mergers, that is, the government forces enterprises to join a certain enter
prise group, or forces enterprises with good economic returns to accept certai
n enterprises with poor economic returns. Therefore, in this process, the "wea
k" small and medium-sized enterprises in the market will not become the darli
ngs of the administrative monopoly, and a large number of honest small and
medium-sized enterprises are unable to develop themselves by participating i
n the government's decision-making process, and even protect their competiti
ve interests, and the administrative monopoly has become the biggest obstacl
e to curbing the development of small and medium-sized enterprises. The har
m caused by administrative monopoly not only affects small and medium-size
d enterprises, but also poses a great threat to the perfection of the entire mar
ket economic system, and its regulation should be put on the legislative agen
da.
III. Concluding remarks
The attributes of small and medium-sized enterprises and the economic clima
te at home and abroad are the main reasons for the three major difficulties of
small and medium-sized enterprises in terms of capital dilemma, efficiency dil
emma and development space dilemma. The way to resolve the current survi
val crisis of small and medium-sized enterprises is to expand financing chann
els, implement structural tax cuts and industrial upgrading. The state should e
nsure the survival and development of small and medium-sized enterprises th
rough macroeconomic regulation and control measures such as policy support
and legal guarantees, narrow the gap in strength between different economie
s, and ensure the balanced development of the overall economy.
References
[1] Hu Guoqiang. Legislation to promote small and medium-sized enterprises
[J]. Law and Economy,2009(3):11~13
[2] Liu Yongsheng. Protection of small and medium-sized enterprises from the
perspective of economic law[J]. Economics & Law,2009(2):278~279
[3] Jia Chenliang. On the competition of small and medium-sized enterprises[J].
Law and Economy,2007(4):29~32
