Business activities refer to activities engaged in commodity business or profit-making services.The definition comes from the provision of Paragraph 3, Article 2 of the Anti Unfair Competition Law.There are two elements of business behavior: one is the content of behavior is to provide goods or services;Second, the purpose of the behavior is to make profits, that is, the purpose of providing goods or services is to earn profits.These two elements are indispensable.Although the doer has provided goods or services, it is not for the purpose of making profits and cannot constitute a business operation.
Chinese name
Business behavior
Business behavior
What on earth is "business behavior"
Detailed interpretation
Literally
Contradictions in practice
In fact, some "behaviors" that seem to be business behaviors
It is an important question what is "business behavior". To clarify this question is of great significance to our current enterprise registration, market management, and even to the commercial registration legislation (probably the Commercial Registration Regulations).However, this is indeed a very difficult problem.
Literally
"Operation behavior" should be an activity to make profits.
This kind of activity is usually to make profits directly, such as the activity of a factory or a store;It may also be to make profits indirectly. For example, enterprises pay for advertising (advertising costs), but they pay for more customers.If this is the case, we may not mention the question of "what is business behavior".
Identification method
Announce
edit
It is difficult to distinguish, but management activities still need to be carried out. If it is difficult to distinguish, there must be some methods.We have three ways to deal with such problems.
The first method is based on the explicit provisions of laws, regulations and rules
For example《Interim Regulations on the Administration of Urban and Rural Individual Businesses》Article 2 stipulates that "... is a self-employed industrial and commercial household after being approved and registered according to law." Article 3 stipulates that "self-employed industrial and commercial households may, within the scope permitted by national laws and policies, engage in industry, handicrafts, constructioncommunications and transportation industry, commerce, catering, service, repair and other industries. "Article 7 stipulates that "... business can be started only after obtaining a business license." These three provisions clarify three issues: what is a self-employed business;What can individual businesses do - run industry;Operate by license.
The second way is to strive for
Industrial and commercial administrationWhen a department says this is a business behavior, and another department says it is not a business behavior, it will argue. The final result may be a conclusion, or it may not be settled.Take lawyers for example.In March 1990, the Ministry of Justice issued a special paper on the industrial and commercial registration of law firms. It believed that although the industrial and commercial administration authorities required law firms to conduct industrial and commercial registration, lawyers were national legal workers, law firms were public institutions providing legal services to the community, not business organizations, and law firms were approved by the judicial departments (bureaus) of provinces, autonomous regions, and municipalities directly under the Central Government,You can start your lawyer's business without going through industrial and commercial registration.Later, the Lawyer Law determined this legally.Examples of dead ends are clinics.In 1996, the State Administration for Industry and Commerce made a reply on the registration of medical institutions, which was based on《Regulations of the People's Republic of China on the Administration of Registration of Enterprise Corporate Entities》Article 28 and the second paragraph of Article 35 provide that medical institutions funded by the state may not be registered;All public institutions, including medical institutions, which are no longer allocated funds by the state and are operating as enterprises, should go through registration procedures.All kinds of enterprises engaged in medical business, including joint-stock, sole proprietorship, joint venture and cooperative operation, shall be registered.And the above medical institutions shall《Regulations on the Administration of Medical Institutions》First comeHealth administrative departmentAfter going through the examination and approval procedures and obtaining the approval for setting up a medical institutionAdministration for Industry and CommerceBusiness activities can only be carried out after registration and obtaining a business license.If the enterprise engages in business activities without corresponding registration and without going through registration, the administrative department for industry and commerce shall deal with it in accordance with the relevant provisions on the administration of enterprise registration.The State Administration for Industry and Commerce emphasized this view again in 1997.But《Measures of Henan Province for the Administration of Medical Institutions》Article 15 stipulates that medical institutions shall register in accordance with the relevant provisions of the state and the province, fill in the Registration Form for Practice of Medical Institutions, and can practice only after being reviewed by the health administrative department that approved its establishment and obtaining the Practice License for Medical Institutions.Medical institutions shall carry out diagnosis and treatment activities according to the items of practice registration.Article 9 of the Measures for the Administration of Medical Institutions in Hainan Province further clarifies that "personnel engaged in medical practice activities shall obtain the qualification of medical practitioners and register with the health administrative department at or above the county level. Those who do not obtain the qualification of doctors and register according to law shall not engage in medical practice activities." There is no term of industrial and commercial registration throughout the above two laws and regulations.Therefore, industry and commerce let qualified medical institutions register. If local laws and regulations stipulate otherwise, local laws and regulations shall prevail;There are no local laws and regulations, there are also registered ones, and there are also unregistered ones.
The third way is to unify legislation on business behavior
