On The Loss Of State-owned Assets In The Course Of The Change Of State-owned Enterprises

The state-owned assets are the important material basis of our national economy and the modern development. With the acceleration of the process in which the state-owned assets are withdrawing from the general competitive fields, even though the space in which the state-owned assets can play their role is shrinking, they are still on the unmovable dominant positions in some vital economic departments. So it has an important significance to improve the management of the state-owned enterprises, not only to play the part of and realize the leading role, the controllable and influential abilities of the public ownership, but also to perfect the basic economic system in which the public ownership is its main body and different kinds of ownerships can develop together.However, with the development and advancement of the process of the state-owned enterprises system-reformation and system-change, the loss of the state-owned assets also becomes more and more terrible, and at last, to a shocking level. How to prevent the loss of the state-owned assets, ensure to retain and increase values of the state-owned assets and smoothly carry on the system-change has been the focus to which the people in the theoretical and practical fields pay their widespread attention.The system-change in the state-owned enterprises refers to the transform action of the managing system in the state-owned enterprises to build a modern enterpnses system of the explicitness of property right, definitude of obligation andright, separation of government and enterprises and scientific management as its goal. Its concrete forms include the recombination, union, merger, contract and management, assets-joint and unified management and the transfer of the state-owned property right and so on. But its main form is the change of the share system (including the limited-liability company and share limited company) or is also called the system change of the companies.The loss of the state-owned assets refers to the fact that the state-owned assets are owned or controlled by the non-state-owned subjects of property right under the conditions without any compensation or enough compensation, or to the fact that the whole or part of the economic benefit or any other effects is or are owned or controlled even though the state-owned assets aren't owned or controlled by the non-state-owned subjects of property right. The loss of the state-owned assets mainly exists in the following six fields: contract and lease, share-joint and unified management, assets-joint or cooperation, merger or purchasing, assets-separation and the reform of the share system. The loss during the reform of the share system is the representative one.There are four main causes of the loss of the state-owned assets during the system-change. First, there are two prominent malpractices existing in the supervision and management of the traditional system of the state-owned assets, which has the characteristics of "owned by state and regulated by grade", that is, the absence of the assets-providers and the unseparation between the government and the enterprises, which are the two vital causes. Though it is already a vital step took by the new system of "owned by state and presented by stage" which was established at the 16th Representative Conference of CPC in overcoming the above-mentioned two malpractices of the traditional system, due to the present supervision and management of the state-owned assets still being at the alternate stage, it is still necessary to go on concerning for the malpractices in the traditional system and take some countermeasures during the process of process of carryingout the new system to overcome the inertial influence in the old system and to prevent or reduce the loss of the state-owned assets. Second, "the insider control under the intervention of the government" caused by the special relationship of the entrust and agent in the state-owned enterprises is another systematical reason which causes the loss of the state-owned assets. The third one is the delay of the relevant laws and regulations on the supervision and management of the state-owned assets and the imperfection of laws and regulations of the exchange of the state-owned property right is the most prominent. The fourth one is that the imperfection of the market system, especially the exchange market of the state-owned property right and the market of professional managers.So, we must take measures on five aspects to prevent the loss of the state-owned assets in the process of the system change of the state-owned enterprises. First, we must go on perfecting the system of the supervision and management of the state-owned assets, which include "state owned, regulate by grade ". On one hand, we must build the realize mechanism to ensure the assets providers of the state-owned assets to shoulder their responsibilities, that is to say, build the institution of the assets provider agent to delegate The Committee of the State-owned Assets Management. On the other hand, we must continue improving and perfecting the management system with three grades of management of the state-owned assets. Second, to set up and perfect the governmental structure in the enterprises with the mechanism of the encouraging and restrain as its core: On the mechanism of encouraging, we must try hard to pursue the system of encouraging to the share right of the managers. On the system of restrain, the focus should be put on and perfecting the system of the election, check and supervision institution of the board of the directors in the system change enterprises. Third, on the respect of perfecting the laws and regulations about the supervision and management of the state-owned assets, the most urgent matter is to set up and perfect the laws and regulations about the supervision and management the state-owned assets, the coreof which is "the law of transference on the trade of the property right", and to formulate a unified law called the Law of the State-owned Assets Supervision and Management as soon as possible. Fourth, on the building of the market, the focal point should be put up on perfecting the property right trade market and the manager market, further perfect the market. At last, we must try our best to do some basic work during the course of the system change of the state-owned enterprises, with the basic principle "normal and orderly".