Study On The Juristical Problems Of State-owned Stock Rights' Transference

As the principal part of the state-owned stock rights' transference, the nation will have effect on supporting or limiting some corporation's development, moreover lead the flow of factors, and adjust the configurance of resource, thereby realize the object of industry and structure's adjustment effectively, to optimize the state-owned capital's invest frame. In order to realize these targets, we cry for change the still estate of the state-owned stock rights which exist in the state company, with the precondition of abiding the law, the code and nation's industry policy, we make the state-owned stock rights freely transfer among variety trade, industry and company according to the market rules. At present, there are a good many problems still exist in the state-owned stock rights' transfer process, such as abundance losing of the nation's asset in transfer process, the absence investigate to the accept part of the state-owned stock rights, confuse transfer process attribute to the lack of supervise and management, in the same time, the transfer lead employees of the state company come off from duty and out of work. This thesis emphasize on the strategy which can solve these problems, I hope to give assist to the transfer system of the stock-owned stock rights. This thesis generally comprise with four parts:Chapter one: generalized introduce the signification of the state-owned stock rights and the formative way of which, and deduce that state-owned stock rights are sort of new type estate rights from the normal stock rights' character.Chapter two: discuss the need of the state-owned stock rights' transfer, analyze the disadvantage sequent of limiting the transference of state-owned stock rights, based on the present status of state-owned stock rights' transfer, introduce that mainly objects of transference are civilian company and foreign company, and the manner give priority to the transfer on agreement, the transfer procedure is: the transfer part put forward the application, each level state asset management organizations examine and agree the application, then put on records, same time monitor the use of the transfer's earning.Chapter three: emphasize anatomy series of problems which appear in the transfer process of state-owned stock rights, abundance lose of the nation's assets which include the tangible assets and the intangible assets, the accept part intend to cheat us, confusion process of the transfer which lack of supervise, the damage to the employees of the state company in the transfer.Chapter four: aim to resolve the problems in the chapter three, bring forward the strategy which include: perfect the evaluate system of the nation's assets, examine the qualification of the accept part of the state-owned stock rights strictly, make the transfer process rational, do something to help the employees back to work, resolve the employees' installment rationally.At last summarize that as a system innovate, the transfer of state-owned stock rights exist some disadvantages, but we should set eyes on the transfer will be the generally trend, we should not negate its importance.