On The Reform And Improvement Of The Managerial System Of The State-owned Assets In China

The state-owned assets in our country has increased by nearly 550 times from the original over 20 billion Yuan at the beginning of the foundation of the country to nearly 11,000 billion Yuan at the end of the year 2001. They are extensively distributed with such a large sum, but owing to the managerial system, the problems in supervising and operating them are also very serious. The reform of the managerial system of the state-owned assets is an extremely challenging and creative systematical project. It is also a great task that we should urgently accomplish when we deepen the reform of the state-owned enterprises to improve the vigor, the controlling power and the competitive power of the state-owned economy in general. Meanwhile, it is an important direction of study in the economic law as well. This thesis focuses on the following aspects to discuss this question, such as the evolution and disadvantages of the managerial system of the state-owned assets in China, the managerial system of the state-owned assets in foreign countries and its advantages, which can be used for reference, the specific contents of the reform and how to use legislation to carry forward the reform and the improvement of the system, etc.From the foundation of our country to 1978, the managerial system of the state-owned assets was built on the traditional economic theory. During the period of the planned economy, this system played a quite outstanding role, but after the socialist market-oriented economy was put into practice, its disadvantages were exposed continuously, such as the integration of government administration with assets, the integration of government administration with enterprises, the coexistence of the plural managerial subjects and the shortage of owners for the property right of the state-owned assets, and the partition of managing the property right into pieces, etc. From then on, people began to realize the importance of managing the state-owned assets and we also realize that it is not enough to just focus on the enterprises' reform of releasing the rights and making concession in the profits and that we should thoroughly solve the problem of the integration of government administration with enterprises and the problem of transforming the enterprises' operating mechanism. During the period from 1988 to 2001, our country was in the probing stage in the reform of the managerial system of the state-owned assets. The National State-owned Assets Managerial Bureau has been established, and the system has been defined as that the state-owned assets are owned by the country unitedly, the government is divided into levels to supervise and the enterprises are independent in operation. The concept of the separation of governmentadministration from assets was then first put forward besides the separation of government administration from enterprises. The report of the 16th People's Congress said that we should set up the organization of managing the state-owned assets in the central and the local governments respectively, and form such a managerial system as the integration of managing assets, people and affairs. According to the spirit of the report, in April 2003, the Commission for Supervising and Managing the State-owned Assets was established, and in May 2003, the Provisional Regulations for Supervising and Managing the State-owned Assets of Enterprises was issued. These two events are important marks showing that the reform of the managerial system of the state-owned assets in our country has made a great breakthrough and entered a new stage.As for the specific practice in our country, the system of entrusting the representative was once carried out in managing the state-owned assets, which was decided by the public ownership of them. But under this system, the decisions are slow with many administrative interventions. The information is not consistent, the supervision is not powerful and the restraints are not intensified. Although the State-owned Assets Management Bureau has been established, it is di...