The Constitutional Connotation of Management Autonomy of Private Enterprises
As the absolute pillar of non-public economic organizational forms in the socialist market economy,private enterprises have reached a new scale that cannot be ignored both in quality and quantity.However,in dealing with the issue of management autonomy,the Constitution shows different positions on state-owned enterprises,collective economic organizations and private enterprises.Although we can observe the tendency of protecting the management autonomy of private enterprises in the Constitution of China from provisions on equal rights,human rights,private property protection and socialist market economy,we cannot deny the necessity of acknowledging this basic right in the Constitution.The management autonomy of private enterprises a kind of basic rights"to be formed in future legislation",and its scope should cover the freedom of conducting economic and commercial activities,right to internal management,freedom of organization and freedom of competition.The boundaries of this basic right can be determined by following the path of"The state protects the management autonomy of private enterprises according to law".The subjective and objective facets of the management autonomy of private enterprises correspond to the negative and positive obligations of the state.
ConstitutionPrivate EnterprisesManagement AutonomyThe Scope of Protecting Fundamental RightsImproving the Business Environment
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维普
