Research On Legislation About The Basic Law Of Public Corporation

Since the 70s last century, some west countries, such as England and America, have been undertaking the reform of deregulation and introduction of competition in public corporation field. By making laws, they rebuilt the regulation system of public corporation. Though the equivalent reform has been launched since the 80s last century in china, it made little progress. During the period when the system of market economy is being established gradually in China, the old management system can not meet the requirements of economy development any longer. In particular after China's entry into WTO, this management system is contradictory to the rules of WTO. So it is necessary to make an entire reform to the public corporation and rebuild the governmental management system. All this requires us to make more laws to regulate such reform. The principles of reform and basic institutions about public corporation should be established by way of legislation. By so doing, we can apply the laws to restrain the conducts of regulatory agency and public corporation so that a peaceful reform can be assured. However, the regulatory legislations about public corporation can not catch up with the pace of the reform. They are still marked with brand of planned economy. So these laws can't direct the reform of .public corporation. By analyzing the legislations deeply, the author finds out some general problems------vague concept of public corporation, fusion of governmental functions and enterprise management, lack of supervision system. These problems can not be solved only by modifying the living laws. So the author gives the conclusion that we should rebuild the regulatory legislation system and make a basic law about public corporation. Relevant issues about the basic law are demonstrated deeply, and basic principles, fundamental institutions of this basic law are also proposed in this article, expecting to give some helpful proposals to the legislator.