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State-owned Enterprises Reform Of Property Rights Rule Of Law

Posted on:2002-07-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z X LuoFull Text:PDF
GTID:1116360032451916Subject:Political economy
Abstract/Summary:PDF Full Text Request
This dissertation is divided into six parts to make a profound study of the reform of property rights of state ?owned enterprises and some relevant questions. In Chapter One, the author puts forward the definition of property rights and the question concerning the reform of SOE?s property rights. This part consists of the two main points in which property rights and its principles are defined and discussed, mean- while, the question of reforming SOE?s property rights is advanced. In this part, the author at first sums up and analyzes the various definitions of property rights shared by the scholars at home and abroad, and then on the above basis, puts forward his own un- derstanding and definition of property rights. This is the creative part as well as the the- oretical basis for the whole paper. The author believes that the term of property rights is a concept relating to the systematic management and mechanism requirement for posses- sion, use, performance and control over assets. Firstly, as far as the contents of the concept are concerned, property rights refer to not only the rights for materials, namely, an obligee?s absolute and exclusive rights for visible assets, but also his intellectual property rights for invisible assets, in addition, in- cluding the obligatory rights between certain subjects involved etc. The concept of prop- erty rights contains the following three interconnected and inseparable aspects. The first one refers to distinct ownership of property rights and a well ?defined relationship with- in right, obligation, interest among separate subjects of property rights. The second one implies that the process Of performing property rights is the one of gaining benefits. If an effective performance of assets and maximum returns are to be desired, if a proper per- formance is to be ensured, a series of sound rules, regulations and procedures must be es- tablished. The third aspect is that if the assets performance is expected to be effectively controlled, the supervision over assets performance must be reinforced, more corre- sponding obligations must be added, an effective guarantee system of assets performance must be instituted. Secondly, the evaluation of property rights is based on the principles of fairness, ef- ficiency and order, which serves as a theoretical basis for us to make a study of and con- duct the reform of property rights. Thirdly, there are two criteria for evaluating the efficiency of assets performance. On the one hand, it must be considered whether the subjects of assets performance abide by laws and rules. On the other hand, whether the social functions and purposes of -9 property rights can be effectively realized. Fourthly, there exist the following three factors which decide on property rights and its performing efficiency. The first one is whether system and mechanism are ratio- nally established. The second one is that the implementation of system and the per- former?s quality must be considered. The third one is whether the mechanism of assets performance can work properly or not. Fifthly, the property relation (or property order) indicates a legal one and a de fac- to one. As a sort of legal relationship, the contents of the property relation contain the following four aspects. The first one indicates that the emergence, change and ending of the relation are conducted according...
Keywords/Search Tags:state-owned enterprise, the reform of property rights, rule by law.
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