在鼓励民营经济发展的“非公36条”出台一年多之后,民营经济的一些状况却难如人意。试图借政策东风,挑战垄断领域的民营企业,其重构利益格局的雄心受到了极大的挫折。原因不仅在于与“非公36条”精神不相适应的法律制度环境,还在于他们挑战的对手是当今最 After more than a year after the publication of the “non-public 36” that encourages the development of private economy, some of the conditions of the private economy are not satisfactory. In an attempt to borrow policies toward the east and challenge the private-owned enterprises in the monopoly field, their ambitions of restructuring their interests have been greatly frustrated. The reason lies not only in the legal system environment that is incompatible with the spirit of “non-public 36”, but also because the opponents they challenge are the most