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The Research Of Legal Nature Of Sasac

Posted on:2014-10-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:X J YangFull Text:PDF
GTID:1266330422954211Subject:Administrative Law
Abstract/Summary:PDF Full Text Request
The state-owned assets supervision and administration commissionof the state council was established in2003.The state-owned assets supervision and administration commissionof the state council is one of the departments of the state council.According to the clause85and the clause89of the Constitutional LAW,the commission is a subject of administrative. However, as <TheInstitutional Reform Program of the State Council2003> mentioned, thestate-owned assets supervision and administration commission of thestate council is not an administrative agent, or a common enterprise, andthe commission has special character. What is the special character?There is no direct answer in <The Institutional Reform Program of theState Council2003>.In my view, researching the character of the commission by studyingthe clause85and the clause89of the Constitutional LAW is just abeginning, not an end. As the commission is simultaneously the shareholder of the state-owned enterprise, it must have other kind ofactions besides administrative act. What’s the substantive meaning of theact made by the commission? In this thesis, I try to find the answer bystudying the <the state-owned assets law>, normative documentspublished by the state-owned assets supervision and administrationcommission of the state council during2003to the end of2012, and otherdocuments related to the commission.In the introduction, I explain why I choose the analysis of thecommission as my study. By generalizing the shareholder theory of thecorporative law and the administration of the administrative law, Iconstruct the framework of the thesis.From the second to the fourth chapter, my logical line is “the formaldefinition---the substantive definition---the empirical definition”. Firstly,according to the clause85and the clause89of the Constitutional LAW,by researching the legal functions and the history of the commission, Ifind the commission is a subject of administrative. Secondly, according tothe clauses of the Corporation Law, the commission is the shareholder ofthe SOEs. Therefore, some acts made by the commission can be regardedas shareholder acts. The character of the remainder acts can be ascribed tothe administrative acts or others. Thirdly, by studying the actual actionsmade by the commission, I conclude the commission is a subject ofadministrative substantively. In the fifth chapter, I conclude the commission is simultaneouslythe shareholder and the administration department. Such practical actionscan enrich the theory of administration law in China.In the conclusion, I mentioned the state-owned assets supervisionand administration commission of the state council has the shareholderand administrative functions, which is contrary to the provision of <TheInstitutional Reform Program of the State Council2003>, and mayjeopardize the democracy and market economy. By analyzing the specificbehavior of the commission, and ruling the behavior according to itsnature is the way to regulate the commission. Considering the importanceof the stated-owned assets, properly regulating the commission willpromote the rule of law in our country.
Keywords/Search Tags:state-owned assets supervision and administrationcommission of the state council, investor, administration, shareholderfunctions and administrative functions
PDF Full Text Request
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