Property Transfer To Management Of Small And Medium-sized State-owned Enterprises In China's Legal Research

China's state-owned SMEs in the national economy and social life to occupy a very important position. According to the census of industry statistics, the output of small and medium state-owned enterprises accounted for nearly 40% of GDP the number of workers in state-owned enterprises accounted for more than 70% of the total number. Local and state-owned small and medium-sized enterprises are the backbone of economic development in the city. The present theoretical circles MBO from Europe and the United States "to those products" in the reform of Chinese state-owned enterprises, there is a lot of applicability The dispute, which will determine the next step in the development direction of MBO.Based on the MBO basis for a general discussion, show China's small and medium-sized state-owned enterprises in choosing the management of state-owned enterprise restructuring process is its inherent requirement of the acquisition , and elaborated China's small and medium-sized state-owned enterprises to transfer property rights to the management of research need with the development trends of society, certainly in the restructuring of small and medium-sized state-owned enterprises play a decisive around. Meanwhile, this combination of theoretical and practical discussions on the application of MBO in the reform of state-owned enterprises and the problems focus on internal control trigger low valuation, in which the acquisition process leading to a drain of state assets. pricing mechanisms we urgently need to improve the state-owned assets, the need to expand financing channels in the course of acquisition of information disclosure so indispensable.The article used a relatively comprehensive legal, law Empirical Analysis, Value Analysis law, sociology, economics and other kinds of research methods, aimed at resolving the issue of the erosion of state assets, from the selection of subjects of this background and practical significance, First, the general principles of management buyouts in the theoretical study and practical developments abroad was introduced. Chinese enterprises and then outlines the causes and development of management buyouts in history. MBO to make a value judgment, should take "strict standards and carefully push forward" toward management buyouts. Subsequently, the implementation of small and medium-sized enterprises on how to regulate MBO proposed countermeasures, mainly from the state-owned asset pricing mechanism perfect start. These include the assessment of state-owned assets and the introduction of price competition; strengthen the management of state assets, such as government departments Committee of the restructured enterprises asset pricing and monitoring to determine pricing errors After the adjustment. MBO also broaden the financing channels for some insights. From the implementation of the acquisition of full disclosure and complete disclosure of the contents of both sides to strengthen the disclosure of information to prevent the loss of state-owned assets supervision.In short, implementation of management buyouts of state-owned small and medium-sized enterprises are more advantages than disadvantages. As a well-known economist Wu Jinglian said, we can not" Stop eating on account of a hiccup ". and constantly improve our laws and regulations, management buyouts greatest effectiveness.