On The Legal Analysis Of State-owned Assets Supervision And Administration

China's state-owned assets, large quantities of very extensive areas involved, and how these related to the national economy and a powerful state-owned assets supervision and increasing the value of state assets is an issue must be solved. Few years, particularly the reform and opening up, China's state-owned assets, Supervision and administration achieved great results, and accumulated a lot of valuable experience. May 1, 2009 issued the "The People's Republic of China state-owned assets law" is state-owned assets supervision and legal system building, an important milestone. However, legal protection of state assets in China there is still a long way to go, it is necessary to keep from the theory and practice to explore and perfect the supervision system of state-owned assets, building regulatory system of rule of law. From the state-owned assets and state-owned assets supervision of the basic principle, we try to state-owned assets of the status and causes of, and through state-owned assets supervision and management system of the country more and summed up the main regulatory experience of developed countries. Finally, certain aspects of state-owned assets supervision and legal system improvement recommendations.Full text from the introduction, body and conclusion of three parts.Introduction to first point out that state-owned assets in China's strategic position in national economic system and legal system of state-owned assets supervision and the need for and importance of, and thus derived below on the legal analysis of state-owned assets supervision.Body part is divided into five parts. First of state assets and state-owned assets supervision of the basic principle of discourse; in the second and third parts of the state were losing and our existing state-owned assets supervision system; fourth part is the comparison of state-owned assets supervision and administration of the country; final part of the state-owned assets supervision of China's Legal System is discussed.The first part defines the concept of state-owned assets, it comes from the state and various forms, is the state of the various types of property and property rights; then introduced the state-owned assets has the three characteristics, Freebie is the sole owner of , has the statutory definition of ownership and the diversity of manifestations; then the legal protection, economic status, and patterns of source structure and intelligence structure of the country's state-owned assets and state-owned assets between the capitalist countries; on Yuan Li's state-owned assets Finally one hand the classification of state-owned assets. For the concept of state-owned assets supervision and understanding of a broad and narrow sense, this is from the perspective of regulation and power division. In the narrow sense, the state-owned assets supervision is to protect national interests, ensure that legal fact that state-owned assets of a national act. State-owned assets supervision and the right to a special kind of state power, such power only by a specific regulatory authority exercised; Finally, the necessity of state regulation, the law of the state-owned assets of the owner of their own lack of ability to maintain state-owned assets, the other agencies must undertake this task, this time on there. And from the principal - agent theory aspects, from the deep analysis of the need for supervision.The second part of an overview of losses of state assets. First proposed this definition of state-owned assets, which means the use of state-owned property rights, rights of state assets and the resulting revenue into the state out of non-state-owned property rights, non state-owned assets, rights and non-state income, or state-owned assets destruction, loss of a way away. And also raised "legitimate loss" concept, which is a must cause an alarming phenomenon. Then analyzes the reasons for the loss of state assets. Loss of state assets due to the following four aspects: First, government and enterprises, regardless of political capital; Second, lax enforcement; three losses unfair negative negative profits; fourth is unknown transfer conversion. Finally, for the intangible assets of state-owned assets in the last part of the loss of the most elaborate, through its content, features and presentation elements to establish an initial understanding of the intangible assets. The final analysis and summary of intangible assets and the crux of the loss of expression in order to achieve the ultimate goal to prevent the loss of intangible assets.The third part of the existing state-owned assets supervision and management system in China to sort out. China's state-owned assets supervision system, the main structure, is a State-owned Assets Supervision and Administration Commission that the highest maximum control of the main regulatory body for the provincial, city (prefecture) level for the local control of the main regulatory body, a combination of administrative supervision, judicial supervision, social control as one of the composite structural system; followed promulgation in 2009 of "The People's Republic of China State-Owned Assets Law" to interpret. First introduced the method for the operation of state-owned assets, the main question; second outlines the "state-owned assets law" three characteristics; the last reference to "state-owned assets law" defects and influence.The fourth part of the state-owned assets supervision and management system for extra-territorial comparison. State-owned assets in the world, other countries are different levels exist, several of the developed capitalist countries in the practice of state-owned assets supervision are desirable in some sense. Learning from them for perfecting our regulatory system has great significance. Through the United States, Britain, France, Singapore and Austria in the state-owned assets supervision of the specific practices, summarized the state-owned assets abroad outside the common experience of supervision. Next, details of these experiences. Summarized in a five, one to maintain and improve the state economy, state control must have a certain asset size or total; Second, the state management on state-owned asset management division of labor; Third, an intermediary of state-owned holding company of state-owned assets management specific operation; Fourth, a clear relationship between central and local ownership; 5 is to have a sound regulatory system of state-owned assets.The fifth part of the state-owned assets supervision and perfecting the legal system of the perfect proposal. First of all, to strengthen supervision of state-owned assets, the protection of criminal justice. Criminal justice in relation to other judicial activities were significantly different characteristics, but also in all the legal norms, the criminal standard is a most compelling force. Therefore, the state-owned assets in curbing serious violations of criminal acts, it must be in accordance with the criminal justice process by the judiciary to prosecute the crime; In addition, we have to improve the state-owned assets supervision system in the notary system. At present, China only owned Assets, the reorganization of certain aspects of the required notarization, and the provision quite simple. Therefore, it is necessary to China's state-owned assets supervision and then gradually extend and improve the notary in the system; improve the legal system of the proposed regulation also includes the recognition of state-owned assets supervision and improve the legal system of the Civil Protection Mechanism. We want to establish the country's civil subject position in the civil liability system into the legal system to protect state assets, and give prosecutors the right to appeal to the civil; the final loss of state assets to improve the judicial recovery system. First, several aspects, including the exercise of state-owned assets to establish the terms of the authority of judicial recourse, followed by recovery of the functions of judicial bodies established by the scope of case and reaffirmed the case of state-owned assets recovery approach, and finally to establish the prosecution, judicial process of state-owned assets terms of reference of the case.In the conclusion part of the paper, the author gave summary of the article and pointed out the existing deficiencies in the paper.