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Legal Precautions Against The Loss Of State Intangible Assets In China

Posted on:2005-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2156360122991727Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The loss of State assets is a serious social problem facing China, among which, the loss of State intangible assets is more concealed. Compared with tangible assets, both theory and enterprise circles know little of the intangible assets and pay less attention to it, and there is lack of complete legal system to restrict the loss of the intangible assets. It is very difficult to count the annual loss of State intangible assets caused by enterprises' bankruptcy, merger, capital restructuring, joint venture or cooperation. Hence it is very urgent to prevent and take precautions against the further loss of State intangible assets.The article is guided by the basic theories of the science of law and economics, uses the methods of economic, comparative and demonstrative analyses. It enters on the definitions and characteristics of the intangible assets, emphatically analyzes the causes of their loss, and puts forward some corresponding legal countermeasures against the existing problems. The article consists of five sections.The preface mainly introduces the process of knowing and accepting the concept of intangible assets, and points out the significance of the subject and the writing conception.Section 1 defines State intangible assets in China. First, after comparing and analyzing some different definitions of the intangible assets in and abroad, the article draws a conclusion that the intangible assets refer to the invisible recourses which are owned by specific subjects, play a constant role on producing and operation, and can gain economic interests. Their characteristics are expounded as follows: invisible, protected by laws, exclusive, extra-profitable, uncertain, long-term and so on. Secondly, the article analyzes the scope of the intangible assets in China, it includes: patent, trademark, copyright, business secrets, business name, domain name, geographical mark, business reputation, usufruct of the land, license, leasehold, human capital, and so on. Finally, it discusses the sources and the value of State intangible assets in China.Section 2 discusses and analyzes the connotation and features of State assets. The loss of State intangible assets means that the manager, owner, investor oradminister of State intangible assets violates the laws, regulations or legal provisions related to the administration, supervision and management of State assets to cause State assets to lose or in damage of loss. However, besides the illegal behavior, the loss behavior, in a broad sense, also refers to the legal behavior, such as the loss by leaving the assets unused, in the process of reshaping State-owned firms to further diverse shareholding business, because of poor management, etc. In addition, the features of the loss are explained as concealment, uncertainty in sum and complexity.Section 3 analyzes the forms of expression and causes of the loss of State intangible assets in China. The loss mainly exists in that of trademark, patent, business secrets, famous trade name, leasehold of the land and license. They always lost in the process of reshaping State-owned firms to further diverse shareholding business, joint venture or co-operation, contract to manage or tenancy and the flow of person with ability at the state enterprises. On this basis, the section analyzes the causes, as follows: the weak sense of the intangibles, imperfect legal system of protecting the intangibles, unclear property right of the state enterprises, unhealthy control structure of the company, abnormal appraisal of the intangible assets, poor management.Section 4 is the legal countermeasures against the loss, which is the stress of the article. The general countermeasures include: setting up a new management system of State intangible assets, speeding the legislation of State intangibles, perfecting the control structure of State enterprises, and amplifying the appraisal system of the intangible assets. Moreover, State-owned enterprises (SOEs) should take active measures to protect their intellectual property rights and human capita...
Keywords/Search Tags:State intangible assets, loss, legal precautions, state-owned enterprises (SOEs)
PDF Full Text Request
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