Reestablishing The Protecting Mechanism Of State-owned Stockholder's Right And Relieving It With Suit

State-owned stockholder's right means the owned right and legal interest of stocks that takes shape from the state-capital investment by department or structure which has the power to invest in the name of state. In internal and external, there are many studies about the protecting mechanism of state-owned stockholder's right, but they are mostly displayed in studying of economics and dependent on the intervention of government and are rarely studied from the legal angle. During the development of the socialist market economy, state-owned system has been retreating in defeat again and again. Some state-owned companies in reforming the system of ownership bring such questions as rottenness, state-capital draining, and losing job to the social. Though the state-owned companies are the central of reform, they're hard to succeed. We must break through the old system to study the protecting mechanism of state-owned stockholder's right and adjust it to the need of the socialist market economy. Because the reform of state-owned enterprises is always in a fumbling condition, the law can't respond comprehensively and promptly to the rapidly changed social relations. The facts of the reform of state-owned enterprises need us to explore some new protecting methods unceasingly. The methods to protect law interest are varies, and in a society under the rule by law, suit is considered to be a common and effective method to protect law interest. So it's very important to establish an effective protecting mechanism to protect state-owned shareholder's right and make it suitable and relief state-owned shareholder's right with suit. This article analyzes the main questions in state-owned protecting mechanism, and by studying the basic quality of state-owned company and special quality of state-owned shareholders, announces that decisive factor of these questions lies in the ownership vacant of state-owned shareholder's right. After deeply analyzing other countries'protecting mechanism of state-owned shareholder's right, author boldly uses the experience of developed countries'advanced legislation, legal precedents and theories of protecting state-owned shareholder's right, puts forward the concrete measures to reestablish the mechanism of protecting state-owned shareholder's right, including improving the property right system, the corporation's administrator structure, the content of stockholder's right, and the judicial system, and puts forward state-owned company stockholder's derivative suit and stakeholder's derivative suit system, so as to provide an operational pattern of protecting state-owned shareholder's right.