An Analysis Of The Mode Of Rule By Law In The Relationship Between The Investors And Managers Of State - Owned Enterprises

Since the reform and opening up, state-owned enterprises has been in a centrallink in the reform of state-owned enterprises,which made significant achievements, atthe same time resulted two problems:one is the loss of state assets and the other ispoor operational efficiency of state-owned assets of the.The reason for the loss ofstate assets is to be attributed to the state-owned enterprises” internal control “, andthe reason for the operation of inefficient state-owned assets is to be attributed to notfully market-oriented operation of state assets, but in essence it is classified as aState-owned Assets Supervision and Administration System imperfections.In order toensure the normal development of state-owned enterprises,state-owned enterprisesmust focus on the relationship between investors and management, and establish andimprove the state-owned assets supervision and management system.The relationshipbetween state-owned enterprises investor and operators performances to be therelationship between the principal and the principal-agent.Even though relationshipbetween the two is not strictly legal sense, it’s nothing wrong to analyze them withsuch a perspective.In the principal side, you need to confirm and clarify the ownershipof its power to ultimately vest ownership boundaries; at the agent side, the agentneeds to clarify its authority and assigned its interest to make reasonablearrangements.On this basis, the relationship between the two to be included within thescope of corporate governance contemplation, ought to be able to find the state-ownedenterprises and operators investor relations.This paper argues that the country’s state-owned enterprises is contained as adirect investor in the business.State-owned assets supervision and administrationrepresent the state-owned enterprises to fulfill the responsibilities ofinvestor.State-owned assets investors have multiple identities and goals,and all levelsof SASAC and other agencies perform the function of both the public andgovernment agencies to fulfill the main functions of public administration, it isstate-owned assets to the private body to participate in market competition.Based on "Constitution","State Department Organization Law,""Civil Law", the "CompanyLaw","State-owned Assets Law" and other laws and regulations,this paper analyzesthe performance of state-owned assets property agency, concluded that it should bestripped out of the performance of the administrative functions of the responsibilitiesof investor institutions.Different papers on"operators"are not consistentunderstanding of the scope, while this paper defines the concept of "operators" withcreative use of knowledge management.State-owned enterprise managers to seek notonly agents maximizing their own interests, but also working in state-ownedenterprises of this nature special organization to serve the public, based on which, inorder to peel off state-owned assets to fulfill the administrative functions of theinstitution as a precondition,the operator’s role is stripped as a public service.All along,Party committees, Workers’ congresses and Trade unions play an important role in thestate-owned enterprise,even still have significant impact on the corporate governanceof state-owned enterprises after its restructuring, especially the party committee affectmore.Thus this paper also analyzes the role of the party committee and willstraighten out the relationship between the Board and the shareholders of his (large).This thesis is divided into four parts, the first part defines the concepts andtheories. The second part analyzes the regulatory regime and the running of thestate-owned enterprises,then points out problems in it.The third part inspects andlearns the acclaimed management of state-owned enterprises internationally, andevaluates the management of state-owned enterprises in some areas of ourcountry.Part IV makes to improve the management system of state-owned enterprisesrecommendation and analyze of the rule of law model SOE investor relations andoperators.