Study On Legal Issue Of Stated-holding Corporation

Since late seventies, when the People's Republic of China gradually implemented its economic reform and opening-up, policy, the reform of stat-owned enterprise has always been the core of the reform of the economic institution. A series of important policy measures have been adopted to achieve this goal. Through the reform measures on profit-turn-into-tax, their past drawbacks have been alleviated substantive progress of the reform of the enterprise.Starting with what foreign state-holding corporations do, the essay can be divided into three parts:First, analyze the organizing pattern of state-holding corporations in France, the Great Britain and Italy, to get referential experience for China.Second, how to set up the relationship between state-holding corporation, government and subordinating companies:To analyze the organizing pattern of state-holding corporations in France, the Great Britain and Italy, to get referential experience for China. To explore the relationship between government and state-holding corporations, to analyze three existing theologies and propose the framing the relationship between government and state-holding corporation by trust system. Trust originates from the Great Britain, which has been broadly used throughout the world. Framing the relationship between government and state-holding corporation by trust system may quarantee value-keeping and value adding of state-owned capital since trust properties are not part of trustee' s, which on the other hard way as well prevent the erosion of state-owned capital controlled by state-holding corporations and keep the essential role of public system in China. Starting from the stipulations in Version For Suqqestion of National Capital (Draft) on rights of state-holding corporations, analyzing the aults and exploring the relationship between state-holding corporations and the subordinating companies.Third, how to standardize the state-holding corporations :Emphasising on the supervising system on state-holing corporations, adopting comparative method vertically on the evolution course in China to analyse which pattern best suits China, horizontally on what foreign corporations do to point out the key issue on requesting Chinese state-holding corporations is to perfect supervising system, which should be started from strengthening role of supervising board and balancing its relationship with former " three committees " in state-holding corporation to explore new supervising way such as media supervising or other social supervising ways.