Entrepreneurs are a group of professional business executives skillful to manage, courageous to take risks, willing to innovate, and capable to making strategic decision. They aim at pursuing economic benefits through operating capital, and they have made considerable achievements in the society.
As a profession, entrepreneur-ship came into being after the enterprise revolution in keeping with the separation of the mental labor from the physical labor, and the separation of the property ownership from power to discharge and to manage. It is the product of the conflict movement between property socialization and the diversification of economic main body in the production system. Entrepreneurs play important role in economic development in the society. They are regarded as the key to the modern economic takeoff, the important force to advancement of society, and rarest and most valuable resources of the society. In recent years, the Party and State leaders of China have repeatedly stressed crucial role the management, particularly persons holding primary responsibilities play in improving the performance of the state enterprises, and directed to build a team of the high quality entrepreneurs.
From a legal point of view, the main characters of the entrepreneurs are: Their career is operating capital, their aim is pursuing the economic benefit, and they dare to face the venture, love to innovate, they are experts in make a strategic decision. They have the knowledge and experience of capital operation and management, then obtain outstanding achievement. They have essential differences from politicians concerning aims, responsibilities, selection mechanism and the mode of undertaking the responsibility. Entrepreneurs have many differences from scientists whose goal is to promote the development of sciences and knowledge.
For a long time, however, there lacked a correct recognition to this special professional group, and there were not relative laws at all to regulate. Entrepreneurs were treated as the state cadres and managed accordingly. Systems such as selection, appraisals, salaries under which state cadres were managed were applied to entrepreneurs by and large. Entrepreneurs often exchanged positions with the government officials. Companies Act provides to the organization structure of the legal person to manage. But there was a lack of management to the person. So even after the restructuring of many companies, there was not much change to the operating system. The quality of the entrepreneurs was difficulty to be improved. Their function is difficult to perform. So, there were often violation of law.
So it is necessary to site the position for the entrepreneur in the legislation and to build the relative legislation system. Many facts showed that the abilities of the Chinese enterprise managers are not lower than that of the managers of Europe and America. The key problem is that China is lacking the legislation environment for the entrepreneurs to mature. In the globe, the human resource has intense competition. Chinese civic law is not innate developed well and the country is at the progress to change in the economic system and society. It is more important to create special law WP=8for the entrepreneur.
The law for the entrepreneur must be based on the constitution and other law. The law must place importance on the principles of taking people as the fundamental, separating the government and enterprise, ability and moral integrity, coinciding things with persons, coinciding the capital benefit, contract management with right and duty, and managing according to law. With the professional character of the entrepreneur and the rule of the talent growing, we should make definite the position and the function of the enterprise and build the legislation system for the entrepreneur. The content of the system includes:
1. Law position of the entrepreneur. We should clear the character of the entrepreneur, the professional characteristic and management principle.
2. The professional qualificatio