On Perfection Of The Managerial Power Of State Enterprise

The purpose of the system of the managerial power of state enterprise is authorizing the state enterprise to confront the unmerited interferences, and making the state enterprise to be the self-governed market participant to participate in market competition .But the practical effect of the managerial power of state enterprise is unsatisfactory .There are still controversies on the problem of the managerial power of state enterprise in theory .The Constitution of our country decided that state enterprise can not get the ownership of the enterprise property ,so we have to use other property form to explain the utilization right on the enterprise property of the state enterprise . But the system of usufructuary right of China can not resolve the practical problems of the managerial power of state enterprise for its born theoretic limitation .This article advance that it is the precondition to resolve the problems that to replace thedemoded the system of usufructuary right with the up-to-date real right theory-thesystem of dualistic framework of real right ,which protect ownership of property and utilization of the property equally .Under this precondition ,we can use relational provisions of the system of usufruct for reference to consummate the system of the managerial power of state enterprise .It is also one of the innovative point of this article.The preface of this article review the legislation course of the managerial power of state enterprise .It also point out the practical handicap of the managerial power of state enterprise.The first part of this article introduce and analyse two existing theories which are used to resolve the problems of the managerial power of state enterprise and then point out that neither the system of the legal person's property nor the system of usufructuary right can be used to resolve the problems of the managerial power of state enterprise.The second part of this article farther open out the conflicts between the system of usufructuary right and practical requirement of the managerial power of state enterprise and analyse the reasons that we can not use the system of usufructuary right to consummate the managerial power of state enterprise .The article advance that it is the precondition that to replace the system of usufructuary right with the system of dualistic framework of real right .And we can use the system of usufruct to construct the provisions of the managerial power of state enterprise.