A Research About The Legislation Of State-owned Enterprises

Starting with discussing the historic evolution of state-owned enterprises, re-defining the conception of state-owned enterprises on the condition of the present market economy, this paper first expounds the concepts of state-owned enterprises in different periods. In the planned economy period, the state-owned enterprises are governmental product units, whose profits and expenditures, purchases and sales, gains and losses are centralized by the government. The government not only is the owner of state-owned enterprises, but also is in charge of operating them in person. In the transitional period from planned economy to market economy, the state-owned enterprises are their own masters hi running them and accounting business, which are responsible for their gain or loss according to the law. In the market economy period, with economic system reform marching, more and more state-owned enterprises are converting to be modem companies, whose managerial has changed greatly, so traditional concept of the state-owned enterprises is not much suitable for realistic needs. Referring to the present situations and foreign experience, the author think that the company should be main body in law form of state-owned enterprises, whose total or partial capital belongs to the state that directly or indirectly controls those enterprises. According to this define, the state-owned enterprises which have special organizing patterns, but also state-owned monopoly capital firm, subsidiary corporations invested two or more state-owned enterprises, and state-holding companies.Then the paper briefly looks back upon the legislative course about state-owned enterprises. It considers that the form of ownership is the only clue of enterprise legislation in the planned economy period. Differentiated by the whole people ownership, the collective ownership and the private ownership, the enterpriseslegislation was classified at that time. Since The Corporation Law had been put into effect, along with the persistent development of the market economy, the legislative criteria of enterprises have changed, constructive shape of enterprises having taken place of the system of ownership of enterprises that had been testified to have many defects. State-owned enterprises legislation is also converting from the constructive shape of enterprises hi the past to the industrial investment policy. On the basis of the above-mentioned discussion, this article objectively comments on The Industrial Enterprise Law of Ownership by the Whole People from four aspects, including the legal status, acquiring of the corporation qualification, inner management system and the question of owner. The law has fallen behind the developing of enterprises and should be abolished.To use for reference, the paper gives a general introduction to the survey of state-owned enterprises legislation in western countries, from which that the legislative body in our country could draw support from the following four aspects. First, the state-owned enterprises should be tools for government to adjust and interfere the economy to realize the special social economic purposes. Second, the state-owned enterprises should be limited in the public benefit and fundamental industries fields, for example transportation, bank, communication, energy sources, war industry, city basic facilities etc. Third, consulting different purposes of setting up state-owned enterprises, all kinds of constructive shapes of enterprises should be applied correspondingly, including corporations without independent legal-personal dignity and business firms. Fourth, the proportion and field of state-owned enterprises hi whole national economy should be adjusted flexibly according to the outer situations changing.This paper holds that The Industrial Enterprise Law of Ownership by the Whole People should be abolished, not mean to cancel it, but reconstruct it. After being reconstructed, the state-owned enterprise legislation laid particular emphasis on thegovernmental investment policy and admi...