Research Of Small And Medium Enterprises’ Regulations Operation Mechanism On The View Of Legal Protection

Small and Medium Sized Enterprises are the important integral part of our country’s market economy, creating a multitude of employment opportunities, thus making great contribution to the development of the country’s economy. As the statistics revels, the majority of migrant workers work for the small and medium sized enterprises, which renders their development and stabilization more important and indispensable. However, what is undeniable is that the small and medium sized enterprises have always been the core fields which are obsessed by labor disputes, various infringements of the laborers legal rights are happening frequently, which constitute the obstacles to the further development of the small and medium sized enterprises. Due to the drawbacks in the corporate governance and the default of related regimes, the credit of those small and medium sized enterprises have been impaired, which in turn dampen its plans to apply for loans and exercise other financing tools. What’s mentioned above makes it increasingly hard for small and medium sized enterprises to finance and constitute a severe obstacle to their further developments, especially in the backdrop of the global recession. Tacking this dilemma demands efforts in different aspects and this dissertation mainly focuses on the rules and regulations. In my perspective, the failure of the related rules and regulations to take full effect plays a pivotal role in the forming of the above mentioned dilemma, so to resolve the problem, we should firstly renovate the functioning mechanism of the related rules and regulations to guarantee its effect through series of measures.My dissertation is based on the reasons mentioned above and can be divided into four parts. The first part is mainly about the introduction of basic theories. To be precise, firstly, I introduced the cause of my research, namely the development bottlenecks small and medium sized enterprises are facing as a consequence of the imperfection of the functioning mechanism. After that I summarize the status quo of the correlative research with the introduction of my research pattern and method ensuing. At last, I talk about some core concepts in my dissertation. The second part is the case introduction. To accomplish this dissertation, I select a typical small and medium sized enterprise Xiangyang Yali Industry Instruments Corporate as the research subject, and carefully investigate the conditions before and after the reform of rules and regulations. Generally speaking, the second part can be deemed to be a report arising from the investigation of related conditions. To be more exact, in this part, I firstly introduce the basic information of this corporate, analyzing its prominent features as a small and medium sized enterprise and conclude its performance and the functioning of its rules and regulations before the reform of its rules and regulations. Then I discuss the detailed process of its reform and the way it took before I analyze the positive effect of the reform and the enlightenment we can use for reference in our research. The third part is a description of the status quo of the functioning of the small and medium sized enterprises in our country and the accompanying problems. In this part, I firstly talk about the functioning mechanism of the rules and regulations of the small and medium sized enterprises, which mainly includes the principle and procedure of the establishments of rules and regulations in small and medium sized enterprises. The principles comprise legal establishment, democratic participation of laborers and staff, publicity. The procedures are composed of democracy, publicity, and filing. This part also discuss the functioning of the rules and regulations of small and medium sized enterprises, which largely refers to the scope of validity of those rules and regulations including the scope of subjects, time and area. Besides all those, I also analyze the effects of the rules and regulations of the small and medium sized enterprises. In the second section, I point out the problems existing in the functioning mechanism, which include the low-efficiency of the functioning of rules and regulations, the infringements of the laborers’ rights and interests, and the underlying legal risks. The fourth part is mainly about the suggestions on improving the functioning mechanism of the rules and regulations of the small and medium sized enterprises, which mainly refer to the providing of sufficient legal guarantee. This part can be divided into four sections. In the first section I analyze the significance of laws in terms of guaranteeing the functioning of rules and regulations. In the second section, I put forward several suggestions on the perfection of legislation in order to guarantee the functioning of the rules and regulations. In the third section, I mainly talk about endowing the enterprises with punishing power to guarantee the functioning of the rules and regulations. In the fourth section, I mainly talk about the redress measures of the rules and regulations of the small and medium sized enterprises.