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《私营企业暂行条例》对私营企业的规定是总则性的,而且其立法层次低于《合伙企业法》等特别法,这种法律位阶等级上的矛盾及我国不需要制定私营企业法典的现实,以及市场经济条件下的市场主体地位的平等性,宪法对私营企业从不承认到限制发展和鼓励发展的转变,决定了以身份为立法标准,以限制私营企业发展为宗旨的《私营企业暂行条例》应当废止。
The provisions of the Provisional Regulations on Private Enterprises on private enterprises are general and their legislative level is lower than that of special laws such as the Partnership Enterprise Law. This level of contradictions in such laws and the reality that China does not need to formulate a code for private enterprises , As well as the equality of market players under market economy conditions. The constitutional transition of the private-owned enterprises that they never recognize the restriction of development and encouragement of development has decided to suspend the development of private-owned enterprises with the status as the legislative standard Ordinance "should be abolished.