A Study On Legal Problems Of State Capital Exit Mechanism

Withdraw from the state capital and its mechanism of formation of the conditions of the market economy, state-owned economic layout adjusted basis and premise for. The Fourth Session of the 15th plenary session of the state-owned economy, functions and role of the position, state-owned economic restructuring uphold "the principle of one country, two systems" principle, is a reasonable allocation of state resources to enhance the overall quality of the state economy the key. The 16th National Party Congress adopted the "Decision" further pointed out: "accelerate the adjustment of the state-owned economic layout and structure. improve the state capital improvement of the mechanism for the rational flow, further promote the state capital more on the relationship between national security and national economic lifelines of the key areas increase state control over the economy."Withdraw from the state capital is a form of capital flows. It refers to state-owned capital through mobile, some industries and enterprises in China. from the physical form of capital into the form of value of the currency capital to other enterprises, industrial concentration and concentration process.Capital flows in the market economy conditions, capital management a way. And the withdrawal of state-owned capital is in a period of economic transformation, according to market efficiency and value-added, slightly from the state-owned monopoly or loss of competitive advantage areas.Based on the interest structure analysis as a fundamental research methods to analyze the state capital from the establishment of the mechanism and operation of process wall softball, and proceeded to put forward the laws protecting the state capital from an orderly mechanism for the establishment and operation of the positive fundamental way.Part A is The full text of the theoretical foundation. By comparing the first Marxist theory and the capital of western capital theory leads to the state-owned capital to define areas of science; Secondly, the withdrawal of state-owned capital formation mechanism of the background, defining the state capital from the concept, a clear mechanism of state-owned capital from the significance; Finally, the elaborate mechanism of state-owned capital from the basis of jurisprudence, that the market economy legal attributes, clarity of Market Regulation in regulating the market competition order in the interest structure, affirmed the macro-control method in improving the conduct of the government's macroeconomic role.Part B is State capital from the need for the establishment of the mechanism for analysis. First of all, the author pointed out the state-owned capital operation status of state-owned capital from the establishment of the mechanism for the primary reason; Second, to clarify the mechanism of state-owned capital from state-owned enterprises is recycled; Finally fundamental that the state-owned capital from the establishment of mechanisms for improving the socialist market economic system, activate the vitality of enterprises prerequisites.Part C is State capital from the reality contrast mechanisms. First, that the mechanism of state-owned capital from the real plight of capital from the main decision-making is not clear, from the high cost of Shortage of capital transactions and loss of government aid. Second, the use of the benefit structure analysis analysis of the state-owned enterprises within the structure of interest confusion the law has led to a lack of market interest structure regulation.Part D is The article in the past, Actively implementing the "Bankruptcy Law" to standardize SOE bankruptcy order; Develop "state-owned enterprises Property Transactions Act" Regulation of state-owned property rights transactions order; rational use of the Property Rights Law, adjustment of the state-owned capital from the property; supporting in an orderly manner in four aspects to promote the state capital from the establishment of mechanisms for the orderly and healthy operation .