The Trust Coordination Of State-owned Property Authorization Management And The Autonomous Of Company

In under the contemporary China's historical linguistic environment, the economic system is in by the planned°economy to during the market economy transformation, the realistic economic basis change provided has bred the new legal system the soil, simultaneously also set the heavy construction request to some original systems. According to the Marxism's classic work, principle deduction, economic basis vicissitude can cause the overtop structure (system) vicissitude, in this vicissitude process, each kind of system conflict, the collision, the coordination is inevitable, this article needs to refer to is precisely the present state asset authorization management and the company autonomous conflict question.Inquired into the state asset authorization management and the company autonomous conflict must first grasp the state asset control system and the company system development vein. The state asset control system most early may trace the agrarian revolution time, objective saying, the state asset control system has made the huge historical contribution for China's revolution and the construction enterprise, but in the present age, the present state asset control system already could not adapt the economical and the society need to develop. How reforms and the consummation state asset control system not only relates the economy the prosperity and the development, relates politics the stability and progressive. As the socialized big production tool product, the company system is the demonstration action which the enterprise changes the system for state-owned (camp) but ascends again in the new Chinese history to the last century 70's, moreover its establishment starts from first day on to manage inseparable with the state asset. The company does not need the superfluous word regarding the modern society's importance, wants to enable the company fully to display its system superiority to need to provide the commercial autonomous free space for it, but as a result of the ideology, the system historical inertia, the economic basis transformation and the system transplant is complex and so on many reasons together functions, the state asset control system and the company system have many contradictions and the conflict in the actual movement, looked from the legal conflict angle, responded one kind of public law and the civil law conflict, between male authority and private right resistance. Looked from the economical management angle that, displays for the country to the economy the control and the laissez faire balance. The state asset authorization management system is an item is for the purpose of advancing the state-owned enterprise to deepen the reform, the thorough settlement government and business is not divided, the political capital is not divided.the question, the thorough thousandth of a Yuan clear property right relates and establishes the new property right link the reform action. But the company is inborn has the meaning autonomous desire and the request civil law main body, the company autonomous is in company's topic should have meaning.This article tries from the legal relationship angle to comb in the state asset authorization management system all quarters right duty relations, expands from a realistic case goes abroad has the property to be authorized the management and the company autonomous conflict, and theoretically, in the legislation and the system has analyzed two conflicts reasons, finally proposed through constructs coordinates two between take the trust legal relationship as the foundation new state asset authorization management pattern the conflict. During the state asset authorization management system has three legal relationships main body, namely state asset supervising and managing organization, state asset authorization management organization and state-owned enterprise (company) . According to the traditional mainland legal system theory pattern, between three main bodies has formed two legal relationships, the first legal relationship is the state asset supervising and managing organization the lower level state-owned enterprise (company) produces (stock) the power authorization to carry on the management for the state asset authorization management organization the legal relationship, second legal relationship namely state asset authorization management organization and lower level state-owned business (company) between legal relationship. Since long ago, between three main bodies right duty relations because has not unified to one kind of legal relationship system becomes indistinct, adds special historical way which China's company enterprise system itself develops, the state asset authorization management system supposes the goal——separating government administration from enterprise management in advance, the political capital separates (from company's angle said is company autonomous)——and this system execution actual effect is widely divergent.In order to resolve this contradiction, profits from the English America legal system the trust theory, may reconstruct between three main bodies the legal relationships: State asset supervising and managing organization localization for trust relations in trustee, state asset authorization management organization localization for trust relations in bailee, state-owned company (enterprise) the property right takes the trust property, then, may the double-decked relations which separates unify to a legal relationship system under, simultaneously the trust theory itself flexibility also may solve many theories which brings constrained by the system of ownership imprisonment to be puzzled, it has more importantly provided one kind of new solution state asset operation pattern way choice, hopefully breaks the state-owned enterprise and the state asset management sleepy bureau.