The Law System Of The State-owned Property

The exploration of finding a state-owned property operation way according to the national condition and guarantee the state-owned property to ensure the value increment is becoming an important topic which the theory and the practical work department studies recently. This article is precisely launches the research under such background.Trust Law is a great achievement of Anglo-American Legal System. As an institution of transferring and running property, trusts have strong vitality, which embody the values of efficiency and freedom. The targets of running the profit able state-owned assets in our country are to protect and accumulate these assets by increments. Because there are many problems that block efficiency in running the profitable state-owned assets, we need the institution that can improve efficiency in running these assets. It is a good way of running the profitable state-owned assets in trust. I would discuss that as follows:The article first carries on the introduction to the trust system and the basic thesis of the state-owned property trust. The following part of article analyses the present situation of state-owned property management and malpractice of entrusts agent, as well as comparatively analyses the trust management state-owned property, then proposes the feasibility for the state-owned property trust. The third part discuss the basic structure of the thesis concerning the state-owned property management is: Being the trustee, the intermediate possesses the rights of property independently, conducting legal relations separately with the Committee on managing the state-owned assets and the Ministry of Finance. In this structure, the Committee plays the role of creator of trust and the Ministry of Finance plays the role of beneficiary, and thus the intermediate is put in the most important position so that the system design is mainly around trustee, including the selecting system of trustee, the right and duty system of everyone concerned in this structure, the controlling system on trustee's power, and the coordination system like registration.In the article, the writer has used such research methods as follows: 1. The historic research method. The method of state-owned assets management we adopt today is principal-agent system which results in many drawbacks. 2. The comparative research method. In order to overcome all above-mentioned drawbacks completely, trust system which has a lot of advantages is analyzed clearly and advocated in the thesis. As a matter of fact, it also has two obstacles for bringing trust system to state-owned assets management. One is the conflict between double ownership of trusts and basic idea of property by Chinese law. The other is deficiency of Chinese current law related to trust system. 3. The synthetic research method. Although law department has much difference with economy and philosophy, we can use the research method of economy and philosophy to study law. In this thesis the writer has used all the method of them in order to conclude a much more right answer.