Research On The Legal Problem Of China's State-owned Assets For Business Operation

In China's state-owned assets, the ration of state-owned assets for business operation is high(in the year 1995, it is already 78.9%). The reformation of China's state-owned assets management system, and the reformation of our whole economic system, is for the state-owned assets for business operation in some degree. The purpose of China's reformation, of course, is to build China's modern enterprise legal system, keep and increment the value of state-owned assets. At present, however, a big problem for the state-owned assets is the serious loss of the state-owned assets.The loss of state-owned assets for business operation means that state-owned property rights unreasonably become non-state-owned assets, which is out of state's supervisory control and contrived loss, the profit of state-owned assets turn to profit of department, enterprise and sole person. The loss of state-owned assets for business operation includes the ownership loss and process loss, which is the loss of return of the state-owned assets in the process of investment and production.This article begins from the legal problem of the property rights of our state-owned assets for business operation to analyze the title. This article believes that China's law should recognize one kind of ownership-the legal person ownership; clear the relationship between the state and state-owned enterprise by investment legal relation; and otherwise, it is important to make the local government's rights and liability clear to keep and increase the value of state-ownedassets. For the long term of state-owned enterprises' reformation, modifying the unreasonable law in force is meaningful for the reformation process. So, this article analyzes several laws which are close related with the problem of state-owned assets' property rights, and gives the suggestion of the clause's modification; and especially analyzes the status of the agent which gives the assessment of state-owned assets, and also gives the suggestion. The author wishes this article could bring something to the reformation of our state-owned assets.