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Study On The Function Of The State-owned Assets Supervision And Administrator Commission Of The State Council (SASAC)-Oriented As Supervisor And Administrator

Posted on:2007-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Y JiangFull Text:PDF
GTID:2166360212957977Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The success or failure of the restructure of the state-owned enterprise confers profound and significant meaning to the state nature and long-term development. And the reform of the state-owned assets administration system would be a strong roll booster of the restructure of the state-owned enterprises. In 2003, the foundation of State-owned Assets Supervision and Administration Commission of the State Council (the"SASAC") and the implementation of the"state-owned assets supervision and administration ordinance"established the administrative system of centralized exertion of contributor's rights. Under this system, the supervision and administration of the state-owned assets should be authorized by SASAC. And the contributors should exercise their rights and assume their liabilities in accordance with the laws and regulations.During the recent three year's implementation, SASAC had exercised the distributor's right and the supervisory and administrative power at the same time, which was widely questioned. The nature of the distributor's right and the nature of the supervisory and administrative power was totally different. The former was private right, while the latter was public power. The mingling of the right and power into SASAC would inevitably lead to conflict, that is the incompleteness of the right and the power and the mass of the nature of the SASAC. So the distributor's right and the supervisory and administrative power should be allocated to two different entities, creating the two relationships of state-owned assets supervision and state-owned assets operation.SASAC should choose to be oriented as the supervisor in the choice between distributor and supervisor. First, the background of the administrative nature of SASAC makes it lack of the mindset of exercising the distributor's right; which makes it prone to excess its powers; the second, the exercising of distributor's right of SASAC was impeded by the personnel and structural limitation, trend of administrative management, excessiveness of managerial diameter, shortage of management power and incentive deficiency. The third, SASAC as a government special agency to act as a distributor was legally risky; the fourth, SASAC as a supervisor would facilitate the uniform supervision and administration of the state-owned assets; the fifth, giving attention to the operation of state-owned assets would bring negative effect to the economic and social development of our country.Since SASAC choose supervisor as its identity, we should first clarify the nature and power of SASAC. SASAC should be recognized as the administrative agency in charge of the supervision and administration of the state-owned assets. And its identity as contributor and public service powers should be peeled off. The rights and powers of the SASAC should be the following four points: decide the allocation and planning of the state-owned assets; formulate the management rule of state-owned assets, inspect the condition of implementation, and punish the violators; supervise the operation of state-owned assets; supervise the profit gaining of state-owned assets. Secondly, the peeled-off character of contributor might be reached by specially establishing the state-owned assets operation companies, which were authorized directly by relevant laws and regulations the right of representing the contributors.In practice, there might be some state-owned assets which does not belong to such specially established state-owned assets operation companies, for instance, mineral mines, oil field, or other re-structured assets of public interest like highways, electric network and so on. In such case, the SASAC might be authorized to lease or entrust such stated-owned asset according to different categories. Third, the supervision of SASAC should be strengthened.
Keywords/Search Tags:SASAC, Function, Supervisor
PDF Full Text Request
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