Reflection On Legal Culture In China's Modern Enterprises And Its Construction

The enterprise culture is an inseparable part of human civilization, and more importantly, it embodies the modernization, informationization, and globalization of present-day society. The legal culture is the accumulation and spirit of the democratic and legal features of a civilized society. Although the enterprise legal culture (ELC) plays only a small part in a vast accumulation of human culture, its influence cannot be ignored on enterprises' progress and advance, and even on the survival and development of China's modern enterprises of all types. This thesis first makes a summary of the concepts of ELC from the features of culture, enterprise culture, and ELC, and it goes on with an analysis of enterprise legal system, and tries to clarify the difference and connection between enterprise legal system and ELC in order to make a further introduction and understanding of ELC.After China's entry into WTO, the enterprise culture from foreign countries, including the enterprise legal culture, have brought about ideological impact on our native enterprise culture. Based on the analysis of this and the background and cultural principle of WTO's establishment, the thesis points out that the way of modernization of China's ELC is to integrate modern spirit of freedom value into the traditional atmosphere of commercial culture. After over ten years of state enterprises reform, China has made and is making progress in many aspects toward the standards of internationalization, and the modern enterprise system and its legal culture is taking form. However, it cannot be denied that the issue of property right remains as a thorny problem that has hindered the reform and development of state enterprises; under the increasingly great pressure of world competition after China's entry into WTO, it is getting more striking. If not well solved, it will be the biggest obstacle to state enterprises' entering into world competition.Actually, construction of ELC is a revolution in administration, and it is mainly the reform of ELC, i.e., reform of ideology and manner of behavior that brings about share of resources and benefits. It is proved by advanced experience in developed countries that construction of ELC is the solid base of development of market economy and the enterprises, and also a strong safeguard for enterprises to enhance their international competence. To strengthen the construction of ELC helps to improve the operational and administrative force and the products' competence,hence to develop the enterprises' productive forces. Culture promotes and improves economic development, and on the other hand, enterprises' development speeds forming a more advanced and excellent ELC. Therefore, many outstanding Chinese entrepreneurs with deep insight regard ELC as an important part in cultivating enterprises' competence and establishing modern enterprise system, as the fundamental project of survival and development of modern enterprises. They have carried out beneficial exploration and practice and have made substantial achievements. Thereafter, the cultural problem may be solved that whether the legal system, enterprises with different kinds of ownership, and market economy can be combined effectively, and the relationships among government, enterprise and market that meet the demands of socialist market economy can be straightened out and established. By reflecting and constructing the legal culture in modern enterprises, the thesis attempts to remold the enterprises' consciousness of advocating, applying, and abiding by the law in present-day China, so as to integrate ELC into modern market macrocontrol and the system of enterprise legal person administration, and to propel forward the modern enterprise culture and legal culture.