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Discussion On The Reform Of State-owned Enterprises' Property Right System

Posted on:2002-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:X T LiuFull Text:PDF
GTID:2156360032953431Subject:Economic Law
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With the establishment of the market economy system in china, people pay more and more attention to the reform of enterprises, the stress of which should be put on the property right system. This paper investigates afresh into the original ownership theory, describes the umitation of reforming in decentravization and responsbility system way,analyses the reasons that cause the rigidity of the traditional state-owned operated model, and concludes that state ownership can?t apply to the development of productivity, therefore rearrrangement of the property right sysrem of state-owned enterprises is urgent . Because the reform aims at building up appropriate market entities whose action bases on independent property, the device of reform programme should focus on giving enterprises independent property. According to the basic principle of real right and the history of corporate system, the author proposes that the reform of state-owned enterprises should follow a way of real right. Partl: Reviewing the history of reforming state-owned enterprises. This part describes the formation and shortcomings of the traditional state-owned -operated model ,analyses the reform in a decentravization way, and points out that it hasnt broken through the model of planning economy, the low degreee of which cant guarantee enterprises sufficient independence, and the high degree of which may lead to the loss of the rational control. In the same way, the limitation of reforming in a responsbility system way which features the separate ownership and management is also discussed in the aspect of economics and laws. Part2: The key to the reform of state-owned enterprises lies in the rearrangement of the ownship of state possessions. This part analyses the reasons that cause the traditional state-owned enterprisesmodel in a of the ownership, proposes that ownership reform is not to subtitute public ownership with private ownship, but to rearrange the exterior of "atate ownership", or to choose the method of realizing public ownership, so reforming the property right of state-owned enterprises is inevitable for state ownership leads to the the vacant position of the property owner in the aspect of laws. Part3: Choosing the goal and model of the reform of state? owned enterprises?property right. This part descibes the conotation and essence of enterprise, explains the goal of reforming state? owned enterprises's property right is to build up the market entities and free the enterprise from the goverment, make them compete, survive and develope indendently on the market. Then, two relevant models of reform which has most wide influence are presented two-wevel ownership modle and multi-proxy model, and concludes bth of them can't build up the qualified market entities. Part 4: Reform of state-owned enterprises should follow a way of real right. This part presents the definition of real right, ie, giving enterprises leagal legal property ownership to make them independent entities based on the independent property, and compete independently on the market. If the enterprises have only others real right- ranchise, but have no their individual real right-corporate property right, they can't response for their profits and losses in a practical way or they can't act as the qualified required by the market economy, therefore it is inevitable to give enterprises their own real right. The history of the development of corporate in two s...
Keywords/Search Tags:Reform of state-owned enterprises, Ownership, Property right system, Individual real right
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