TITLE:
A Comparative Study on Legal Issues Concerning the Promotion of the Private Economy between China and the United States
AUTHORS:
Zhiwei Sun
KEYWORDS:
Comparative Law, Private Sector Development, Economic Regulation
JOURNAL NAME:
Beijing Law Review,
Vol.16 No.4,
December
1,
2025
ABSTRACT: This paper provides a comparative analysis of the legal frameworks governing the private sector in China and the United States. The analysis focuses on China’s newly enacted Promotion of Private Economy Law and its ancillary regulations, contrasting them with the U.S. legal approach, which lacks a single omnibus law but supports private enterprise (particularly small businesses) through a decentralized system of statutes and programs. The comparison proceeds along several key axes: legislative purpose, market access, financial support mechanisms, legal protections, and competition policy. The study identifies significant divergences in legislative philosophy and regulatory technique, as well as unexpected convergences in policy objectives. The findings contribute to the comparative law literature on economic regulation and offer insights for ongoing debates about optimizing the legal environment for private enterprise in China.