Research On Freedom Limit Of Public Enterprises Purchase Transaction

The Public enterprise isone of the most important component of the market economy in our country,This kind of enterprises take the public interest as its highest goal,them occupy a pivotal status in the entire national economy.At present,there are many scholars who do reseach on the Public enterprises, but most of them concentrate in public enterprise's abusing their market monopolistic position to harm the benefit of consumers,and have already achieved suitable results,one of them is the new "the Antimonopoly law of People's Republic of China " which entered into force in 2008.However,as a part of the market,the public enterprises not only create legal relationship with consumers,but also have to focus on upstream transactions.The Public enterprise's primary purpose is for the public interest safeguard,we must realize the terminal disease,meanwhile,control the problem from the the very beginning to realizes public enterprise's social value.This article focus on the most important aspect - - the transactions of public enterprise purchases,discusses how to achieves the public interest from limiting their freedom of transaction,and proposed authorr's opinion,wish to provide some useful suggestions to the future reform direction of our country's public enterprise.Besides the introduction,this article is divided three chapters.Chapters one:Elaborates the basic theory of public enterprise.Public enterprise's concept is not yet has had a standard conclusion to define it,the author synthesized kinds of related definitions which appeared in the legal documents,and the overseas scholar's viewpoint,the author find that the Public enterprise is the enterprises which manage the economic organizations of public utilities' beneficial,provided the public product and the service to the society through the network and other essential facilities,and regulated by the national special rules.Chapter two:The the theory and the practice discussion of limit on freeom of transactions of Public enterprise purchases.This chapter take Our country's large-scale public enterprise China Netcom Corporation as an example,Analysis it's purchase scale,process as well as the question which exposes in purchase transactions.Chapter three:Discuss feasibility of the freedom limited on purchases transactions of public enterprise.Public enterprises such as China Netcom Corporation have made some process on its internal purchase reform, simultaneously,exposeed many questions,the author unifies these enterprise own reform measure and the existence question,try to prove some of "The government procurement Law of the People's Republic of China "(will hereafter refer to as "Government procurement Law") can be suitable for the public enterprise.Finally proposed that based on the public foundation of both public enterprise and government department, theoretically "Government procurement Law" also might be suitable for the Public enterprises,however,because of the public enterprise's enterprise status,it is not enough to regulate them.To safeguard the public interest comprehensively,we must aim at public enterprise's unique need to build a system to complete standard its operative activity,enables it to play a real role for the "the society public" interest!...