A Study On The Exclusively State-owned Companies Under The Structure Of New Company Act

The Exclusively State-owned Companies is one of the most important organized patterns in Chinese state-owned enterprises, which play a great role in Chinese economy. There are some special explain on exclusively state-owned companies in the new revision chapter of company law in 2005 which also means it is a very special organizing pattern in Chinese limited companies. With the enhancing of reform and the further development and improvement of Chinese socialism economy, it is more important to make a further study on the system of Chinese exclusively state-owned companies since they controlled lots of national economic resources concerned of people's living and national development. On one hand, it is necessary to promote Chinese state-owned enterprises'reformation smoothly, holding the substance of Chinese exclusively enterprises, recognizing its administrating functions, analysis its advantage or disadvantages, then making some adjustment in laws and policies properly. On the other hand, no matter in the field of law or economy, most of researches were stressed on those limited companies while paid less attention to the exclusively state-owned companies. During the establishing process of modern enterprises'patterns, some questions such as how to establish a modern companies'pattern, how to complete its administration structure and whether it is reasonable to be existed, especially for its special legal status in company law act were less referred. The author believed that it is an unavoidable task and premise to deepen the state-owned enterprises'reformation in China to make a deeply study on Chinese exclusively state-owned companies, for its special legal status in law or organizing patterns. In this paper, analysis on the special legal status in law of Chinese exclusively state-owned companies, its individual administrating corporation structure were given by the author, some other economic theories and practical difficulties in applying also discussed. The author had made a full study and discussion on the long-time existing possibility and reasonability of the exclusively state-owned companies on some special fields of China, especially for those fields controlled national economy and people's living. Some other prospects and proposals on the development trend of the exclusively state-owned companies and direction of relative law legislation were put forward by the author in the paper.