The Research Of The Legal Rules And Regulations On Social Enterprises In China

In general, the society is consist of the government departments, business and the third sectors. Countries and governments can play a weak role in the process of economic globalization, in the past several decades, the trend of globalization promotes multinational companies and enterprises rapidly gaining more and more power, and impact deeply to the whole social life. However, the presentative economic growth does not shadow the malpractice and drawback of government or capital socialist constitution. Then the third sector appeared, being a effective approach to remit the aftermath caused by market or governments. However, it does not mean that the third sector can replace the role of the government and enterprises in economic activity, even some functions. Instead, either the third sector or enterprises are just a complementary part of the public governance structure and existence. In fact, modern society needs more democratic country, more equitable market and a more public welfare third sector.Social enterprise is different from the traditional third sector, it is not a pure business. As a new entity, it is breakthrough and innovation of the social enterprise business behavior to solve the social problems and business operations engaged in social welfare undertakings. Social enterprises are not a general social service, its social goal is clear, which is through commercial behavior to obtain benefits, and benefits for society. In some extent, it played a charity or welfare redistribution function.The social enterprise had developed for decades in developed countries. It has had a strong tradition, a large number of outstanding theoretical research and successful cases. Also the legislation has been taken a clear legal definition, which is worth our country to draw lessons from. Social enterprise is not a uniform definition in the world, even inexistence in some countries. As a new concept in China, social enterprise developed rapidly. Just for few years, it promoted the development of our society, the prosperity of the economy and improved people’s welfare, the construction harmonious societies sharply.This paper gives an introduction of social enterprise and general theory of western developed countries the social enterprise development experience and legislative research in macroscopical meanings. At the same time, the Chinese social enterprise development pattern is also analyzed, proposing some necessities and suggestions in the development of China social enterprise. Finally, from the perspective of perfecting legislation, society of our country enterprise in the legislation flaw is researched, proposing strengthen social enterprise legal proposals and countermeasures, and come to the conclusion that enterprise legislation is a must.