The Legal Concept Of Using Trust System In State-owned Asset Management

Theory of state-owned assets management system of China's reform process is unavoidable and one of the key issues must be resolved, because it relate to the success or failure of reform, it can not avoid also deserve study.Prior to the convening of the party's 16th national congress, China's state-owned assets management system followed by the Third Plenary Session of the 14th CPC Central Committee's "national unity all, the government classification management, enterprise operations," the Fifth Plenary Session of the 14th CPC Central Committee made "a complete set of reforms focused on the establishment of clear responsibilities of state-owned assets management, monitoring and operating system, "Prior to the opening of the 16th Party Congress established the state-owned assets management system framework : all national unity government classification management, multi-monitor, investors trading, enterprises operate.However, the design of the state-owned assets management system is not a good solution to the question of the validity of the state-owned asset management.To fundamentally resolve these issues, on November 8, 2002, the party's 16th national congress made "Building the central government and local governments respectively on behalf of the State to enjoy the rights and interests of owners, the rights, obligations and responsibilities of unity, of property and control, manager of the state-owned assets management system combining. Ultimately the government chose the entrust agency for state-owned assets management system .However, state-owned assets management system for state-owned enterprises is entrusted and exist many problems suffered by scholars.The main point of this paper is hoped to use trust system to resolve the problem of state-owned assets management system: government is not separated, and all absent from their duties without political capital. This article is divided in four chapters, the first chapter introduce the historical evolution of traditional state asset management system and the new state asset management system establishment and transformation, briefly analyzed our country present state asset management system; Second chapter mainly has analyzed three most main questions of state assets : question of without owner, question of without a clear line between the functions of the government and enterprises and the question of government does not divide from capital. Through to these three questions analysis, points out our country present state asset management system although chose entrusted agent's pattern, but this kind of pattern was cannot fundamentally solve the problem which in our country state asset management system existed, moreover some questions were belong to entrust agent system itself; The main content of third chapter is narrated the feasibility of our country state asset management system using the trust system and the necessity and its legal value; Fourth chapter is main to narrated the legal concept of using trust system in the state-owned asset management , uses the trust system reconstruct the relation between state asset surveillance management committee and the state asset authorization management company's, establishes the trust system as the foundation of our country state asset management pattern.