What does a business entity mean?

Question 1: What is a business entity? 40 refers to an enterprise with independent legal personality that can engage in production, wholesale, retail and provide labor services.

Question 2: Market operators include legal persons or natural persons who have independent economic interests and assets, enjoy civil rights and bear civil responsibilities, and can engage in market transactions.

Market subjects can be divided into investors, operators, laborers, consumers and enterprises.

Question 3: What is the difference between the identity of a commercial subject and business? What is business?

Business subject is also called "businessman" in traditional commercial law. Refers to the natural person and legal person organization that participates in commercial activities, enjoys commercial rights and undertakes corresponding obligations according to the relevant provisions of the Commercial Law. As a businessman, he should have the qualification or ability in commercial law, be able to engage in commercial activities in his own name, and independently enjoy the rights and obligations in commercial law. When summarizing the concept of commercial subject, scholars often emphasize the basic characteristics of its subject, and think that "commercial subject refers to the subject to which commercial rights and obligations belong". Commercial subjects are participants in various commercial activities and parties to commercial legal relations. However, when generalizing the concept of commercial subject, modern commercial laws in various countries often do not pay attention to the external characteristics of commercial subject, but emphasize the substantive conditions that constitute commercial subject. That is to say, the law usually requires that commercial subjects must continuously engage in some profitable business behavior as their basic condition, and stipulates that any individual or organization whose regular occupation is to engage in specific business behavior can become a businessman in accordance with legal procedures.

Different from the early commercial law, in modern commercial law or commercial customary law, the concept of merchant (merchant subject) has no exact legal meaning and is not protected as an independent class. The French Commercial Code 1808 took the lead in abolishing the old commercial law principle, and replaced it with the so-called commercial behavior law principle, which defined the scope of commercial law by commercial behavior and prohibited any natural person from enjoying commercial privileges. According to the general understanding of modern national commercial law, the substantive standard of commercial subject is that businessmen must engage in profit-making commercial behavior. That is to say, as a businessman, four conditions must be met: (1) commercial subjects must engage in commercial activities, and such commercial activities should be specific; (2) The commercial subject must be the subject of the commercial activities it is engaged in, the master of specific commercial activities, and the actual undertaker of the rights and obligations of commercial activities; (3) commercial subjects must continue to engage in profit-making activities of the same nature, and individuals or organizations that occasionally engage in a profit-making activity are usually not businessmen; (4) commercial subjects must take specific profit-making activities as their occupation or regular business, and people engaged in non-profit activities are not among businessmen according to the laws of many countries.

Characteristics of business subjects

As the subject of commercial law, businessmen should have some basic requirements and characteristics of civil subjects in civil law, but also have some legal characteristics different from ordinary civil subjects. These legal characteristics are mainly manifested in:

First of all, the commercial subject must have commercial ability. The so-called commercial capacity refers to the commercial right capacity and commercial behavior capacity of commercial subjects in commercial law. This has two meanings: one is that the commercial subject must be able to participate in commercial activities, and the other is that the commercial subject has a specific business scope.

Secondly, commercial subjects must take profit-making activities as their business content. That is to say, as a commercial subject, we must engage in specific commercial behaviors, and we must continue to engage in this commercial behavior, and take this commercial behavior as the main body of its commercial content.

Third, the special rights and abilities of commercial subjects must be obtained through commercial registration. Legally speaking, the qualification of commercial subject comes from the commercial registration system, so the legal fact that commercial registration is the founder of commercial subject not only determines the scope of commercial ability of commercial subject, but also lays the foundation for taxation and commercial management of commercial subject in commercial law. Based on this, the legal provisions of most countries require that the establishment of commercial subjects must first perform commercial registration procedures. According to China's current industrial and commercial registration laws and regulations, any individual or mass organization that wants to engage in profit-making business activities and set up an enterprise as a legal person, an individual partnership enterprise or a sole proprietorship enterprise must go through the registration formalities and obtain a business license; Organizations and individuals that have not fulfilled the registration procedures shall not engage in profit-making business activities.

Finally, the commercial subject must be the party to the commercial legal relationship and the actual undertaker of the rights and obligations in the commercial law. In other words, as a commercial subject, it must be able to engage in commercial activities in its own name, enjoy rights and undertake obligations independently, and undertake property responsibilities with a specific range of assets. This feature not only distinguishes the commercial subject from the internal institutions or commercial assistants of commercial organizations without independent subject qualification, but also distinguishes the commercial partnership from the civil partnership without commercial name and independent subject qualification.

The definition of commercial subject in commercial laws of various countries

Different countries have different definitions of the concept of business subject because of different legislative ideas, and there is no unified standard.

1) France. 1807 "...> & gt

Question 4: What do you mean by the number of food business entities? It should be the number of units of food business enterprises.

Question 5: Who is the operating entity (1)? Business subject is the subject, and it is also the subject of economic law. Although there are differences in the theoretical circle on whether the operator is a legal subject, the adoption of it in legal documents shows the positive attitude of the legislature towards this kind of subject title. [2] Business subjects, like other legal subjects, first satisfy subjectivity. Either an inseparable individual (individual) or a close and stable group. The difference between it and other legal subjects lies in its establishment standards and emphasis. For example, a legal person in civil law pays attention to its equality and limited liability as a subject, while when a legal person is a commercial subject, it depends on whether it has the qualifications and functions in economic law. Due to the universality of the object of economic law adjustment, this qualification and function can be reflected in different subjects and different occasions. For example, the civil law defines a commercial bank as an enterprise legal person, but only pays attention to the private lending relationship between commercial banks and enterprises, ignoring the macro-control function of commercial banks on the national economy through loans, interest rates and other means, which is exactly what the economic law values. (2) Commercial entities must aim at making profits. Business entities can be self-employed, partnership enterprises, enterprise legal persons and companies; Operators can be property owners, users, beneficiaries, investors, producers, sellers, intermediary organizations, etc. [3] It can have a variety of identities, but only when it enters the field of economic law adjustment, carries out economic and legal activities, and participates in social production and reproduction for the purpose of pursuing profits, is it the business entity. In other words, for-profit is the basic feature of enterprise entities.

(3) Operating entities should have certain independence. The so-called "certain independence" first refers to having all kinds of rights necessary for independent operation and development in the economy, and secondly includes the equal status between the subject and other producers and sellers. "A certain degree of independence" is not absolute independence, nor does it require the business entity to be completely independent of any other entity. As long as a subject can enjoy completely independent management rights and property rights, and can enter the market for production and operation and fair competition activities, it has the necessary independence as a commercial subject.

Question 6: What is the new agricultural management entity? The new agricultural management system refers to vigorously cultivating and developing new agricultural management entities, and gradually forming a new agricultural management system based on household contract management, with large professional households, family farms, farmers' cooperatives and leading enterprises in agricultural industrialization as the backbone and other organizational forms as supplements. Building a new agricultural management system, vigorously cultivating new agricultural management entities such as large professional households, family farms and professional cooperatives, and developing various forms of agricultural scale management and socialized services are conducive to effectively solving these problems and new challenges and ensuring the healthy development of agriculture.

Question 7: What does the taxi operator mean? What is the business theme? Don't think too much about this problem. The direct point is that you can't change careers, saying that your taxi can't be a private car before it is scrapped, and you can't change the nature of its operation. Now you understand! ! !

Question 8: What do you mean by four new types of agricultural business entities? Family farms, large professional households, farmers' cooperatives, and agricultural industrialization management organizations.

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Question 9: What is the division by warehouse and operating unit? The division by warehouse and business entity refers to the division by warehouse and business entity. Warehouse can be divided into:

① Self-storage;

② Specializing in warehousing;

(3) public storage;

④ strategic reserve warehousing.

1, enterprise self-storage

Enterprise self-storage includes production enterprise self-storage and circulation enterprise self-storage. Self-storage of production enterprises means that production enterprises use their own warehouse facilities to store and keep raw materials, semi-finished products and finished products used in production. Generally speaking, there are few objects stored by production enterprises, and the principle is basically to meet the needs of production.

2. Specializing in warehousing

Professional warehousing is the warehousing behavior that warehouse owners provide commercial warehousing services to the society with their own storage facilities. The warehousing operator and the depositor establish a warehousing relationship by concluding a warehousing contract, and provide services and collect warehousing fees in accordance with the contract.

3. Public storage

Public warehousing is a supporting service facility for public utilities, providing supporting storage services for stations and docks. Its main purpose is to support and ensure the smooth operation and transportation of goods at stations and docks, and it has the nature of internal service and is in a subordinate position. But for the depositor, the relationship between public warehousing and business warehousing is also applicable, except that the warehousing contract is not concluded independently, but the warehousing relationship is listed in the business contract and the transportation contract.

4, strategic reserve warehousing

Strategic storage refers to the state's storage of strategic materials according to the needs of national defense security and social stability. Strategic reserve warehousing pays special attention to the safety of reserves and has a long storage time. Reserved materials mainly include grain, oil and non-ferrous metals.

Question 10: What are the new agricultural management entities? Let me give you a few examples: 1: combination of agricultural machinery and agronomy 2: theory of agricultural industrial chain expansion 3: theory of agricultural service integration.