An Analysis Of The State Ownership

The present essay primarily consists of three parts, namely, A Review of Proprietorship (Ownership), A General Review of the State Ownership and An Analysis of the State Ownership in China, which is outlined as follows.Part I. A Review of Proprietorship This part chiefly reviews the origin and development of the private proprietorship. The concept of proprietorship in modern sense originated from the Roman law. In the early period of human society, people had fuzzy ideas of property due to the underdeveloped productivity and insufficient products. With the development of productivity and emergence of surplus products, people gradually had a clear idea of property. When human beings stepped into the state society, the idea of property further developed and in the Roman Empire the notion of proprietorship in the modern sense came into being. During this period, the development of proprietorship experienced the historical process from the origin of family proprietorship as a result of the disintegration of primitive tribes to that of individual proprietorship due to the breakup of the former. With the German invasion and the end of the Western Roman Empire, the German gradually brought their laws to the whole Europe and thus appeared the German law in the process of their integration with the Roman law. As a result, proprietorship lost its individual-based freedom and vigor, and fell to be an appendant to the state society. After the revival of the Roman law, the proprietorship in the period of modern law is of such properties as absolute, exclusive and perpetual, and gives a full emphasis on the interest and free will of proprietors. In the modern law, the rights with private rights as the commonest core have become the society-based rights. As a matter of fact, the characteristics of proprietorship depend on those of human beings, and the essence of the proprietorship is dependent on and determined by human nature. Proprietorship is not only the right endowed to individuals but also the responsibility that individuals shall undertake for society.Part II. A General Review of the State Ownership This part focuses on the historical development of the state ownership and the status quo of the state ownership in China. The origin of the state makes it necessary to own its own property so as to protect the public rights and the state apparatus. In this case, the stateHIis possessed of the property by means of the public rights it owns, and thus the origin of the state is coupled with that of the state property. The state property of the western countries has developed and been categorized into the public property (i.e. the state public property) and the state property (the state private property). The categorization was in fact completed in the period of Roman law and continues to be used by modern western countries. In China, however, the state comes into being with the origin of the state ownership of land. The Chinese slave society is a private ownership society based on the clan ownership. Even in the feudal society, the state ownership still remains immature in China. At that tune it is difficulty to distinguish the private property of the emperor from the state property due to the fact that there is a close combination of ownership and regime. At present, the state ownership in China is in nature represented as the socialist ownership by the whole people, which displays such characteristics as exclusive in subject, universal in object and particular in means of obtainment. Under this system, the state assets are possessed by the state, supervised by the governments at various levels and run independently by the enterprises.Part III. An Analysis of the State Ownership in China This part, by means of analyzing the subject and object of the state ownership in China, reveals that the state ownership in China is not the proprietorship in the sense of civil law. It is particular that the state, as a public right institution, acts as the subject of ownership. The role is brought to realization by the government...