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《私营企业暂行条例》自1988年颁布实施以来已经23年有余,其立法的背景和实施的环境早已发生了根本性的改变,更重要的是该条例的相应规定很多都已过时,且与其后出台的很多法律相矛盾、相冲突,尤其是《公司法》、《合伙企业法》和《个人独资企业法》相继单独立法并颁布施行后,《私营企业暂行条例》失去了存在的根基。因此,及时废止《私营企业暂行条例》是必然的选择。尤其是不能任“暂行”条例无限期地暂行下去,以确保立法的科学性和严肃性。
Since the Provisional Regulations on Private Enterprises has been in operation for more than 23 years since it was enacted in 1988, the background to its legislation and the environment in which it has been implemented have fundamentally changed. More importantly, many of the corresponding provisions of the Ordinance have become obsolete and, after that, Many of the laws promulgated contradict and contradict each other. In particular, after the enactment and implementation of the “Company Law”, the “Partnership Enterprise Law” and the “Individual Proprietorship Enterprise Law”, respectively, the “Provisional Regulations on Private Enterprises” has lost its foundation for existence. Therefore, the timely repeal of the “Provisional Regulations on Private Enterprises” is an inevitable choice. In particular, the “temporary” regulation can not be suspended indefinitely to ensure the scientific and seriousness of the legislation.