The Study On The Law Issues Of The Market's Subject Of State-owned Enterprises And Their Market Environment Reconstruction

A balanced economic system for socialist market is the unified boc of three aspects, which are the commodity producter or service provider with ac-tive and separate status, the maket mechanism that can reflect the price sianal quickly with unification, openners, justment and order the macro - control mechanism. The market's subject reconstruction is not only the premise for the proper running of socialist economic mechanism, but also the key point for the success of economic system reform. At present, the problems, such a.s he dislocated subject of the market, the lack of status with separate decision, he inadequate power and motive for profit exist in the state - owned enterprises. There are two typical ideas for solving subject reconstruction inside and outside our country. One is the denationalization of property rights, that is, if the enterprise is denationalized, the efficiency will follow. The other is the idea of competition (super property rights) . It thinks that denationalization is not directly connected with the efficiency of enterprises while competition is the key point. The enterprises can gain efficiency only through forming competitve market mechanism. The idea of denationalization of property rights does not conform with the development trend of enterprises' system. The idea of com-petition separate the inner relations between the market's subject and the com-petitive mechanism of market. It reconstructs the enterprises status of sulfect and the competitive mechanism of market. It reconstructs the enterprises a-tus of subject only from the outside bind. The reconstruction of the status of subject should start from two levels: The first is from standardizing the enter-prise corporation system, the scientific administration structure, the foste of the commodity market and the media organization. The second is from the ad-justment of distributing profits. The article puts forward that the modern enter-prise system should be set up on the basis of theory, law, division of govern-ment and enterprises, and constructing scientific corporate administration.A unified, open, just and orderly market is an important outside environ-ment for the reconstruction of the subject. The construction of the market en-vironment can not be separated from the competitive subject with clear propertyrights, division of government and enterprises, active manage science. The government interferes excessively with the market, that is, monopolizing trade and local protectionism, which causes the divided, closed, unjust and disorderly market. The effective way is to break down the monolizing trade and local protectionism from the aspect of legislation, judicature and enforcement of the law.