An Analysis Of The Economic Phenomena Of 'Official Shares' From The Perspective Of Law

In recent years, coal mine security accidents occur frequently at the coal-producing province provinces. The State Council and departments of safety production have issued a number of documents aiming at stopping coal mine accidents. However, the overall effect was minimal and nationwide attention has been aroused. The reason of why coal mine accidents happen so often is that some civil servants or principals of state-owned enterprises use their political power as a stake and become a shareholder of the coal mines, resulting in the negligence in security management. Government officials'exchanging political power for shares of the coal mine is only'the tip of the iceberg', similar phenomenon can be found in many other high-profit industries under China's specific economic background.The first part is to define the official shares. According to the author, this concept refers to the following economic phenomenon: government officials or principals of state-owned enterprises use their power to participate in the operating activities of some state-owned or individual enterprise, so as to gain personal interests. Such activities are generally in the forms of fund shares, power shares, or job placement in those enterprises for their relatives or children to name a few. Some officials in the self-interest driven, let the power of capital shares become an investment, and the shares of companies doping officials will use the power of the special background to protect themselves, harm the market competition. The company who has the official shares use the official power as the shield, even breaking the law and the case will be difficult because of the power of interference have been investigated, in order to obtain high profits and even disregard the lives of workers, property rights of workers, this is an accident-prone coal production industry an important reason. Officials shares of capital and power naked together, forming a disguised way of bribes, severe corrosion of the Civil Service to endless troubles.The second part of the official shares economic phenomenon is to analyze the root causes.'Officials share'has become a new form of political alienation nowadays, and it is relatively invisible. No matter whatever form they appear, the activities of'officials share'in fact share same substance----they are the privatization of public power entrusted to civil servants as well as the personalization of social power. These activities of exchanging power for personal benefits are in fact a disguised form of corruption. First, the social power don't wake up and make full use of public power and state power to achieve a mutual restraint, mutual supervision of the dynamic equilibrium state is leading officials to share the economic phenomena of political alienation of the problem. Authority to run the perfect state is that each subject can do the right of supervision and being supervised at the same time. But to the limited resources of supervision department, it can not be subject to constant supervision, and comprehensive monitoring, so divorced from the social resources and supervision outside the excessive concentration of power, leading to the breeding of corruption. Second, the Investor Protection imperfect, making the investment behavior of investors, can not get the expected return and then seek official protections. Investors are the main investment activities, from investment activities to achieve the desired benefits and effectiveness of the fundamental incentive for investors and purpose. Normal investment channels is bad, causing the breeding of very underground forms of investment, and thus interfere with the country's financial markets and social stability, the final official stock breeding similar economic phenomena such corruption. Finally on the officials of relevant laws is not completed. So to some officials separated from the supervision of the law.In the third component of the article, the author discusses how to solve the official shares and political alienation situations. Provided based on historical and practical experience, is very effective form of community supervision in the form of effective checks and balances of state power is a way for the community supervision should be through legislation to provide legal protection and access. We can use the foreign law which has been formed. Governance on the corruption cases to law as the criterion to be, flexible process that must be strict of law. Staff for law enforcement authorities in collusion with the corrupt, venal behaviors must resolutely punished. Property declaration system should start from the officials, the establishment of genuine and effective, to form officials of China's real property declaration system for civil servants of the income, and accept their supervision.The fourth part of the article deals with a management official shares of several principles of economic phenomena. The first is to do clean up and rectify and improve the legal system combined with clean up and improve the legal system and promote each other, establishing government officials shares, the economic phenomenon of long-term mechanism. The second is the administrative means and legal means to achieve integration. Officials suspect the transfer of judicial organs. Finally, in order to straighten out and protect the interests of investors combined. Economic governance of the official sector should pay attention to protecting the legitimate interests of investors while not destroying the normal market order at the same time. The fifth part of the article reflecting on the author's thought to the official shares.Investors are the subjects of investment activities. To obtain expected return from investment activities is their fundamental purpose. Unhealthy investment environment will usually breed some abnormal or underground investment channels, which have an adverse effect on the financial markets and social stability of the whole country, leading to corruptions of the officials.Public power is the power given to social subject to dominate their society and state through their mastery of social resources. To achieve a perfect condition of social supervision, each social subject should have the right to exercise supervision and to be under social supervision at the same time. Due to the limited resources controlled by the supervision departments, they are not able to put social subjects under constant supervision. This causes the over-centralization of the power, which leads to corruptions.Accordingly, the author proposes that the power of supervision should be returned to society so that people could exercise their supervisory power. This will not only mobilize the public power, but also will let the people participate in politics and express their opinions freely. Returning public power to the society is a representation of separation of powers with check and balance, which is also the historical trend.Third, inadequate exercise of people's democratic rights also leads to political alienations like'official shares'. Network participants have voted out'was'as the most representative word of 2009 in China, which shows passiveness of the Chinese when exercising their power. China adopts representative democratic system in which the representatives exercise their powers on behalf of people. Due to personal-related factors of the representatives, such as their concern about different events, their different knowledge levels, as well as majority-rule voting system, there is a possibility that the interests of minority are ignored or harmed. Therefore, to establish a platform for the public to express their political opinions is very necessary. This platform consists of all kinds of nongovernmental organization.The author believes that the cause of the abnormal phenomenon of'officials share'is as follows: investors'rights cannot be fully wielded so they seek for the government officials'protection. The deeper reasons are the people's unawareness of their social power and the insufficient use of public power or state power, which lead to the absent of a dynamic equilibrium between mutual restraint and supervision. The absent of public power makes the social resources out of supervision and the power too concentrated, leading to the breeding of corruptions.This thesis does not only focus on the corruption of government officials in'officials share'phenomenon from legal aspect, but also discusses the defects of the representative democracy system of China from the perspective of democracy and nomocracy, proposing to use supervision by public opinion and to establish social organizations to prevent corruption. The essence of Deliberative Democracy is to promote the spirit of republicanism to achieve orderly political participation of the public. Under the leadership of the Chinese Communist Party, Deliberative Democracy should be combined with system of the People's Congress. Deliberative democracy is reflected in the orderly political participation of the public, and it provides the people a rational and legal manner to express their demand so that a harmonious society could be fully accomplished. State power should be returned to the society to let the public exercise their power timely and at real-time. At the same time, the division of political supervision power should be made more detailed, and the operation of state power more transparent. This is the leading direction of contemporary democratic development. To prevent and eliminate corruption, China has to enter stage of'returning state power to the society'as well as a stage of'protecting the legitimate rights'. The process of establishing an effective'platform'between citizens and government officials is also the process of citizens'participation to protect human rights and the rule of law as well as to establish a democratic constitution. It is also the process of the formation of civil society, rule of law, as well as mutual interaction with the state power. This process will also greatly promote political reform and prevent political alienation. What's more, the author believes that the key of the establishment of democracy and nomocracy is deliberative democracy: the state power should be returned to the public, who need to exercise their powers and to participate in politics in time and at real time. In that case, the political supervision can be more refined and operation of state power more transparent, so that the system of democracy could be further improved to put an end to official corruption and other abnormal political phenomenon.