Theoretical Basis,Legislative Positioning and Systematic Expression of Special Legislation for Private Economy
The private economy is an important force in promoting the building of a strong modern socialist coun-try in China and achieving the goal of the second hundred years of struggle.Special legislation on the pri-vate economy at the national level is necessary to promote the private economy from policy to legislative protection,to promote national and local legislation in an integrated manner,and to optimise the environ-ment for the development of the private economy.Based on the realistic characteristics of the existing norms of the private economy in China,and considering the realisation of the legislative function,the pro-motional legislation should be the positioning choice for the legislation of the private economy in China,but the promotional legislation may bring about insufficient authority due to more soft law norms,and the deviation from the means and goals that may be caused by too much reliance on incentive mechanism should also be prevented in advance.Systematisation is the key dimension of scientific legislation,and the private economy promotion law should be reasonably connected with the Constitution,local special legisla-tion on private economy,other separate legislation and private economy policies outside the system;within the system,the private economy promotion law should achieve the construction of a system at two levels,from objectives to norms and from principles to rules.
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