On The Legal System Of State-owned Assets Supervision And Administration

State-owned assets have a very important position in China's economy. The state-owned assets supervision related to China's economic coordination, stability, development and reform.The operation of state-owned enterprises and state-owned assets mainly has three purposes. The first is financial purposes, is to meet the funding and activities of state organs for the needs of the rulers overspending. The second is political (military) purpose, in order to safeguard and consolidate state power, and to resist foreign aggression and invasion. The third is economic (economic regulation) purpose, through the distribution of state-owned assets to regulate socio-economic structure and operation. Although at different times the purpose of the state-owned assets varied, all the countries pay attention to through the use of state-owned assets to the socio-economic regulation after large-scale social production. The use of state-owned assets prone to the abuse of state power.In order to control the abuse of power, norms and the protection of the state-owned assets supervision, it need set up law legal system of state-owned assets supervision.China's state-owned assets belong to all the people. The people are the ultimate owners of state-owned assets. But because of the large number of people, not every person can manage the state-owned assets. Therefore, China's state-owned assets take in the actual operation of the agency. People take the role as initial client and operators; of state-owned enterprises as the ultimate agent. Followed the National People's Congress followed the government, the state-owned assets supervision and administration organizations, state-owned asset management companies, such as intermediate links. The initial client is a collection of abstract concepts. Theoretically speaking, everyone has one of state-owned assets. It is impossible, as everyone dutifully supervision as to monitor the private property of state-owned assets. Absent owners are serious. In the performance of state-owned assets supervision duties, It failed to separate government from enterprises, government from assets. The government still applies the mode of administration to the state-owned assets supervision. China's state-owned assets supervision legislation has not kept pace with the reality of state-owned assets supervision. Many important laws absent and the enacted laws haven't timely revised. At the same time, the issue of who is monitoring supervisors still existed in the state-owned assets supervision and management. Existing SAC supervise the managers, affairs and assets. The centralized model easily gets out of control and the absence of effective supervision mechanism supervisors. These reasons lead to the emergence of problems, serious loss of state assets, lacking of operational efficiency of state-owned enterprises.In order to solve the above problems, we should learn from foreign state-owned assets supervision and the legal system, re-examine our country's legal system of state-owned assets supervision. We should entire process supervise the state-owned assets through the reorganization of the legal system of state-owned assets supervision. Firstly, it is necessary to improve the legal system of state-owned assets supervision, to improve the level of the legal system from the constitutional level, the legal level, the rules and regulations of state-owned assets supervision. The second is to clear China's state-owned assets supervision main duties in the four-level agency. It should construct all people, the National People's Congress, the government, state-owned enterprises, and other monitoring network. The third is to straighten out the state-owned assets supervision procedures, to ensure the safety of state-owned assets through transfer of state-owned assets, especially state-owned holding and listed companies. Fourth, we should strict legal accountability. Fifthly, we should explore the new legal channels in state-owned assets supervision. It is necessary to improve shareholder derivative litigation system, set up mandatory information disclosure system, set up public interest litigation system in state-owned assets supervision, held strictly accountable the legal responsibility in the state-owned assets supervision. We should achieve the purpose of the state-owned assets supervision through this series of methods.