Some Legal Issues On The Exercise Of The State-owned Stock

Joint-stock reform of state-owned enterprises has been completed. Now in the "period after the reform", the exercise of the state-owned stock is a very important and difficult problem. Because whether the state-owned stock' rights are exercised inactively and effectively or not, directly impacts on holders of state-owned equity capital and the economic interests of the owner; because of state-owned shares as a special account for a large stake in China, the exercise will inevitably affect the social stability and development. The system of state-owned stock has been established and initially developed, ownership patterns have become the main form of state capital cases. In the circumstances, it is necessary to study how to exercise and how to play the role of the state-owned stocks.This paper studies the exercise of state-owned stock in the microscopic field from a legal point of view. Through comparative study on the exercise of state-owned stock of different foreign countries, some of the practical experience and research findings can be learnt by our country. At the same time, I also found that the exercise of China's state-owned stock is complex and specific, so we should research the exercise of state-owned stock under China's national conditions.This paper studies the state-owned stake in the exercise of the following questions: First, analyze the exercise of state-owned stake in the Jurisprudence, On this basis , bring forward the principles, objectives of the state-owned stock in the exercise ; Second, definitude the Subject of the exercise of state-owned shares; Third, introduce the way of the exercise of state-owned stock; Fourth, explore how to regulate the exercise of state-owned stock, including rights, obligations and legal responsibilities; Fifth, research on the supervision and judicial remedies of state-owned stock.Eventually come to the conclusion: in order to exercise the state-owned stock better, on the one hand, we should improve the relevant legislation, strengthen the legislative guide; on the other hand, develop the diversifying and personal ways of exercise, supplemented by public law and regulatory relief, so that the role of state-owned shares can be played really and fully.