On The Perfection Of The Supervision Institution Of Solely-state-owned Corporation

Among the current institutions of supervising the state-owned properties, the one by the supervision department as state investor falls within the category of external supervision while the other embodied in the balancing mechanism of corporation management structure comes as internal supervision. The paper, from the perspective of state investor, takes a solely-state-owned corporation for an organic body, and makes a survey of its establishment, organization, management, and withdrawal, etc., makes an analysis of the current state and deficiencies or defects of China's institutions of supervising the state-owned corporations, and lastly proposes: to lay down ASAP a state-owned property law to define the limit of state-owned property , and regulate the supervision responsibilities and value-maintaining and value-increasing responsibilities of state-owned property agents on behalf of state-owned property investors; to revise the current corporation law to perfect legal person management structure, posit agents for state-owned property investors as a shareholder sharing full power and corresponding duties, strengthen, the board of directors of solely-state-owned corporations by borrowing external directors institutions and separating internal deciding power and enforcing power to decrease internal control, perfect the supervisor institution by stressing the perfection of external supervision and emphasizing the role the corporation branches; and to revise the current bankruptcy law to perfect the withdrawal procedure and mechanism of the state-owned properties.