| A wholly state-owned company refers to the investment solely by the state, the state council or the local people's government authorizes the people's government of state-owned assets supervision and administration institution of performing the contributor's duties of a limited liability company. The legislative intent, mainly lies in the foreign company, one of state-owned enterprises must be part of the investment by the state completely system innovation. From the perspective, a solely state-owned company shall be limited in scope: first, mainly relating to the great interests, great investment strategy of monopoly industries. Second, provides important public product and service industries. Third, the strategy competitive industry. Both "profit-making" and "policy" is a solely state-owned company, different from the general commercial company's main features. A wholly state-owned company in the socialist market economy condition of existence state, bearing in economic operation function of a wholly state-owned company, called the "economic function. A wholly state-owned company's laws and regulations including external regulations and internal regulation in the legislation in two dimensions, mainly for public-sector supervision and management structure, its characteristics can be summarized as "private god, both". "The shareholder's right sharing mechanism" governance structure characteristics of the special requirements to cope with directors system, decision-making behavior, and the insider control externalizing the lack of a wholly state-owned company directors system of director of positive behavior standard powers, "law of directors diligent introducing the revised standard provides a new system of duty. A wholly state-owned company and its directors determines the particularity of the system, a wholly state-owned company directors diligent obligation system should be different connotation, namely, a wholly state-owned company directors in performing duties shall have served the necessary skills and experience, and the corresponding to the position in the national staff should have the diligent, cautious and attention to exercise their rights and obligations, and ensure the state-owned assets value and carry out the state economic policy targets. The system function, content and scope of object has particularity. Through the director general of the standard of care, in comparison, a wholly state-owned company directors diligent obligations, and can induce a wholly state-owned company directors in the judgment standard care. The present legislation, there must be further perfected. |
