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Legal analysis: The subjects of economic law are: market entities (such as operators), economic and administrative subjects (such as local **) and social intermediate subjects (such as market intermediaries) or production subjects (such as producers), exchange subjects (such as operators), distribution subjects (such as ** institutions) and consumer subjects (such as consumers) and so on.
Legal basis: Article 2 of the Anti-Unfair Competition Law of the People's Republic of China Undertakings shall follow the principles of voluntariness, equality, fairness and good faith in their production and business activities, and abide by the law and business ethics. "Acts of unfair competition" as used in this Law refers to conduct by business operators in their production and business activities in violation of the provisions of this Law, disrupting the order of market competition, and harming the lawful rights and interests of other business operators or consumers.
"Business operators" as used in this Law refers to natural persons, legal persons, and unincorporated organizations engaged in the production or sale of commodities or the provision of services (hereinafter referred to as "commodities include services").
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The subject of economic law is a social entity that enjoys power and assumes obligations in accordance with the law in the process of the state coordinating the operation of its own economy.
The subject of economic law refers to the parties or participants who enjoy certain rights and bear certain obligations in economic and legal relations. The party enjoying economic rights is the subject of rights, and the party that bears economic obligations is the subject of obligations. The main body of economic law includes the Finance Bureau of a certain Qincheng City, a research institute, a subsidiary of a certain company, and a citizen.
The qualification of economic law subjects refers to the qualifications or ability of the parties to participate in the economic law system, enjoy certain rights and undertake certain obligations.
Classification of economic law subjects.
1. State organs. It mainly includes state power organs, state administrative organs, state judicial organs, etc.
2. Enterprise. It mainly includes all kinds of legal person enterprises, companies and other unincorporated enterprises. Enterprises are an important link between the state organs as the main body of economic and economic management and the units and individuals as the main body of consumption.
3. Public institutions. It mainly includes schools, hospitals, scientific research institutes, etc.
4. Social groups. It mainly includes party organizations, trade unions, women's federations, industrial and professional associations, public welfare and academic groups.
The subject of economic and legal relations.
1. The subject of economic law can independently participate in economic and legal relations in his own name.
2. The subject of economic law is the bearer of economic rights and obligations.
3. The subject of economic law can independently bear economic legal responsibility.
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In the economic and legal relationship, it is the state and the state that have the main body of national economic management. As the main body of economic management, the state is responsible for macroeconomic regulation and control of the national economy, promoting economic development and reform, safeguarding national and public interests, protecting the rights and interests of consumers, and maintaining market order. ** It is the executive agency of the state, which implements economic management, formulates and implements economic policies, manages and regulates the market, and promotes economic growth and stability under the guidance of the state.
In addition, there are other subjects in economic and legal relations, such as enterprises, individual industrial and commercial households, consumers, etc., all of which also play an important role in economic life. Enterprises are the main bearers of economic activities, individual industrial and commercial households are an important part of Xiaoshousong micro-enterprises and independent entrepreneurs, and consumers are the foundation and driving force for economic development and market prosperity. The economic and legal relations between different subjects are interconnected, and the common ones promote economic development and prosperity.
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Among the subjects of economic and legal relations, the main body with state economic management is the state organ. State organs are the collective name of the organs of state power and the organs of the government, and are the organs in charge of the country's economic management. It is the authority with political and administrative powers, and is the central unit for formulating, implementing, and supervising economic policies.
State organs are responsible for formulating and reforming the economic system, regulating market order, protecting the rights and interests of consumers, establishing and perfecting various market supervision mechanisms, and safeguarding economic security, and play an important role in national economic and social development. At the same time, state organs are also responsible for formulating and enforcing laws, regulations and policies related to finance, competition, and other aspects.
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The main body of economic and legal relations with the main notice and body of national economic management includes the main body of the state economic management and the local government at all levels (including provinces, cities, counties, and districts), which are the main institutions that exercise the state's macroeconomic regulation and control responsibilities. In addition, the People's Bank of China, the administrative departments for industry and commerce, and the taxation authorities are also among the institutions that have the qualifications of the main body of national economic management.
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The subjects of economic law are: market entities (such as business operators), economic and administrative subjects (such as local government and government offices) and social intermediary subjects (such as market intermediaries) or production subjects (such as producers), exchange subjects (such as operators), distribution subjects (such as ** institutions) and consumer subjects (such as consumers) and so on.
The acquisition of the qualifications of economic law subjects has its particularity, and the acquisition of the qualifications of various types of economic law subjects is different. Differences in the legal basis for obtaining the qualifications of the subjects.
The legal basis for obtaining the qualification of an economic law subject is different between the regulatory entity and the controlled entity, and between the regulatory entity and the subject subject. Balanced.
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Legitimate; Illegal; If the manager is the legal representative, there is a problem with the manager; Cannot be withdrawn; Company A's claim is not established, Company B's claim is established, and Company C's claim cannot be established.
If it is a domestic textbook, what you learn is the management ideas of the West 50 years ago, China's special national conditions, and it is best to learn the ideas of Legalism, Taoism, Mohistism and Confucianism, in order to effectively manage Chinese enterprises. The West is a contract country, and we are an emotional country; Therefore, the experience of the learning mind is silence.