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First, the concept is different.
1. Collective-owned enterprises.
It refers to the collective ownership of the means of production by a part of the working people.
ownership, common labor and the practice of distribution according to the economic organization. A private enterprise is a for-profit economic organization whose assets are privately owned and employs more than 8 people. Mixed-ownership enterprises.
Refers to an enterprise whose assets are made up of components of different ownership.
2. Enterprises owned by the whole people.
It refers to the commodity production and business units whose property belongs to the whole people, and which are independently operated, responsible for their own profits and losses, and independently accounted for in accordance with the law. Enterprises owned by the whole people are also known as state-owned enterprises.
Second, the establishment conditions are different.
1. Collective-owned enterprises: an independent commodity economy based on the collective ownership of the means of production by the working masses.
Organization. Collectively-owned enterprises include enterprises under the collective ownership of the working masses in urban and rural areas.
2. Enterprises owned by the whole people: the products produced must be able to meet people's material needs and spiritual needs, in order to meet this demand, the products provided by the enterprise must meet the requirements of the national quality standards, and cannot provide fake and shoddy products.
causing property damage to others; At the same time, for enterprises, only when the products produced meet people's needs can they be sold, the labor value provided by enterprises can be realized, and enterprises can survive and develop.
Third, the fundamental tasks are different.
1. Collective-owned enterprises: collectively owned by all farmers within the scope of the township or village where the enterprise is held, and by the farmers' congress (farmers' representative meeting) of the township or village or a collective economic organization representing all farmers.
Exercising ownership of business property. Where an enterprise implements the contracting, leasing system, or joint operation with an enterprise of other ownership, the ownership of the enterprise's property remains unchanged.
2. Enterprises owned by the whole people: according to the national plan and market demand, develop commodity production, create wealth, increase accumulation, and meet the growing needs of material and cultural life in society. Enterprises must persist in building socialist spiritual civilization while building socialist material civilization, and build a workforce with ideals, morality, culture and discipline.
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1. The differences between collectively-owned enterprises and enterprises owned by the whole people are as follows:
1. China's socialist ownership by the whole people, including state-owned enterprises, state-owned land [urban land and some rural land], state-owned mines and mineral resources, state-owned oceans, state-owned rivers, lakes and rivers, state-owned sky, state-owned mountains and forests, state-owned railways, highways, and air transportation networks; They belong to all Chinese people [including urban and rural residents]. All the benefits are shared by all the people.
2. The collective ownership system of socialism in China includes collective enterprises and institutions in cities and collective organizations in rural areas with villages as units. All the assets and interests of the collective enterprises and institutions in the city shall be shared by the workers and workers of the units. In rural areas, each villager in the village-level collective organization has the right to jointly own and share the benefits of the land and income.
2. Privately owned enterprises:
China's socialist private ownership is a supplement to the mode of production under the ownership of the whole people and collective ownership, and it is in a secondary position compared with the dominant position of the ownership of the whole people.
There are private companies, private enterprises, private rental shops, private hotels, private shopping malls, private fishing grounds, etc. Operate legally and pay taxes according to the chapter.
Urban and rural residents have the right to privately own assets with clear property rights, which can be rented and sold, and can be mortgaged. Farmers may carry out operational cultivation of the contracted farmland, and may also transfer management rights. However, there is no personal or family ownership of the responsible land, and the land cannot be bought or sold without permission.
Because the land is collectively owned or state-owned, just as a worker in a state-owned enterprise cannot sell the state-owned property. The peasant is the peasant of the state; The worker is the worker of the state.
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Legal analysis: 1. The number of enterprises owned by the whole people.
Enterprises whose means of production are owned by all the people, operate independently, assume responsibility for their own profits and losses, and account independently in accordance with the law, and are aimed at making profits. It is a kind of socialist public ownership system that is compatible with the highly socialized production and business activities in the processing industry, mining industry, transportation industry, and other sectors. Property owned by the whole people includes factories, farms, railways, highways, banks, posts and telecommunications, etc., as well as natural resources such as minerals, rivers, forests, and grasslands, which belong to the laborers of the whole society.
The economy owned by the whole people is the leading force in the socialist economy. Since it is an economy that implements public ownership within the whole of society, it is able to concentrate funds, means of production, and labor force throughout the country, organize cross-departmental and cross-regional production and operation, and carry out large-scale economic construction.
2. Collective-owned enterprises.
Enterprises whose property is collectively owned by the masses, where the working masses work together, where distribution according to work is the mainstay, supplemented by appropriate dividends, and a certain amount of public accumulation is withdrawn. The production and business activities of collective economic organizations are carried out independently under the guidance of state policies, and each collective economic organization is an independent economic entity, operating independently, and assuming responsibility for its own profits and losses.
Collective ownership has adopted a variety of modes of operation in the industrial, agricultural, and commercial sectors, including industrial production cooperatives, agricultural production cooperatives, supply and marketing cooperatives, credit cooperatives, transportation cooperatives, cooperative factories, cooperative stores, and so on.
Legal basis: "Regulations of the People's Republic of China on Urban Collectively Owned Enterprises" Article 1 These Regulations are formulated in order to ensure the consolidation and development of the urban collective-owned economy, clarify the rights and obligations of urban collective-owned enterprises, and safeguard their legitimate rights and interests.
Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons》 Article 1 These Regulations are formulated in accordance with the relevant provisions of the General Principles of the Civil Law of the People's Republic of China for the purpose of establishing a registration and management system for enterprise legal persons, confirming the legal personality of enterprises, protecting the legitimate rights and interests of enterprises, banning illegal business operations, and maintaining social and economic order.
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Legal analysis: Yes, enterprises owned by the whole people are state-owned enterprises, but they are only a type of state-owned enterprises. Enterprises owned by the whole people are also known as state-owned enterprises, but state-owned enterprises in a broad sense also include state-controlled shares, limited liability companies and wholly state-owned companies.
Legal basis: "Law of the People's Republic of China on Industrial Enterprises Owned by the Whole People" Article 2 An industrial enterprise owned by the whole people (hereinafter referred to as an enterprise) is a socialist commodity production and business unit that operates independently, is responsible for its own profits and losses, and has independent accounting in accordance with the law. The property of an enterprise belongs to the whole people, and the state grants the operation and management of the enterprise in accordance with the principle of separation of ownership and management rights.
Enterprises have the right to occupy, use, and dispose of the property granted by the state for their operation and management in accordance with the law. Enterprises that have obtained the status of legal persons in accordance with the law shall bear civil liability with the property granted by the state for their operation and management.
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