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社会主义市场经济体制的确立,为充分利用市场机制的作用,在价格和竞争杠杆的作用下,使资源配置到较好的环节中去。其中,市场运转的前提就是作为市场主体的企业的所有权与经营权的分离,也就是说,使企业成为自主经营、自负盈亏、自我约束、自我发展的市场主体,这也是国有大中型企业改革的方向和目标,而正是在这一点上,我们的乡镇集体企业为国有企业的转换经营机制提供了参照模式,乡镇集体企业以灵活的、相对独立的经营方式、用工制度、管理制度参予市场的角逐与竞争,给乡镇集体企业带来了突飞猛进的发展。然而,正是这一极灵活的用工制度、经营自主权,使得一部份人对乡镇集体企业与私营企业的界限和性质的认定上发生偏差。本刊本期发表的《集体企业乎?私营企业乎?》的文章,就是改革开放中出现的对这类问题认识上发生偏差而诉诸法律的。我们从有关资料上获悉,类似认定是集体还是私营性质的法律纠纷,全国目前已多达2000余家。我们觉得,这不是一个具体案子的问题,而是涉及到在改革中如何保护集体经济财产所有权不受侵犯的问题,也是如何正确认识和维护宪法所规定的保护私营经济合法的权利和利益的问题。现将此案争议焦点公诸于众,欢迎法学界、经济界的同志来信来稿,踊跃参加讨论。
The establishment of a socialist market economic system has given full play to the role of the market mechanism in allocating resources to better links under the effect of price and competition. Among them, the premise of market operation is the separation of ownership and management rights of enterprises as the main market entities, that is to say, the enterprises are the main market players for self-management, self-financing, self-restraint and self-development. This is also the reform of state-owned large and medium-sized enterprises It is at this point that our collective-owned township and village enterprises provide a reference model for the transformational management mechanism of state-owned enterprises. The collective-owned township enterprises participate in the market with flexible and relatively independent management methods, employment systems and management systems The competition and competition brought the rapid development of township collective enterprises by leaps and bounds. However, it is precisely this very flexible system of employment and the operating autonomy that has led some people to deviate from the identification of the boundaries and nature of township collective enterprises and private enterprises. The article published in this issue of “Collectively Involving Enterprises and Private Enterprises Almost?” Refers to the law that has emerged in the process of reform and opening up to the extent that there is a deviation in understanding such issues. We have learned from relevant information that there are as many as 2,000 legal disputes in our country that are similarly identified as collective or private. We think this is not a question of a specific case but a question of how to protect the ownership of the collective economic property from being violated in the course of reform and how to correctly understand and safeguard the issue of protecting the legitimate rights and interests of the private economy as stipulated in the Constitution . The focus of the case is now made public. Welcomes contributions from comrades in the legal and economic fields and enthusiastic participants in the discussion.