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近几年来,在商品经济优胜劣汰规律的推动下,有些具有经营优势的企业,在市场竞争中兴旺发达起来,迫切要求扩大经营,但也有一些亏损企业,由于种种原因,实行承包经营也不能摆脱困境,于是,出现了“优胜企业要扩张,亏损企业找出路”的新局面。适应企业的生存竞争与发展的需要,企业兼并以及其他产权转让活动,在全国各地很快发展起来,它的出现和发展,为深化经济体制改革,合理配置资源提供了新的选择,人们赞誉它是中国企业改革的第三次浪潮。由于它是我国经济体制改革的产物,来势迅猛,有强大的生命力,但在实践中还存在不少问题,理论上需要进一步探讨。本文仅就实践中提出的几个法律问题进行初步探讨,以期引起大家的深入研究。
In recent years, driven by the law of survival of the fittest in the commodity economy, some enterprises with operating advantages have thrived in market competition and urgently sought to expand their operations. However, there are also some loss-making enterprises that can not get out of their predicament due to various reasons , So, there has been a “new situation to win the expansion of enterprises, loss-making enterprises find a way out.” The emergence and development of enterprises that meet the needs of the survival and competition of enterprises and the need for the survival and mergers and acquisitions of enterprises and other property rights have rapidly developed throughout the country. Its emergence and development have provided new choices for deepening economic restructuring and rational allocation of resources. People praise it It is the third wave of Chinese enterprise reform. Since it is a product of the reform of the economic system in our country, it has a great momentum and strong vitality. However, there are still many problems in its practice and its theory needs further exploration. This article only discusses some legal issues raised in practice in order to arouse everyone’s in-depth study.