The Predicament And Construction Of The "three Layer Mode" Of Authorized Management System Of State-owned Assets

This paper is discussing about the"three layer mode"of authorized management system of state-owned assets of China, in the view of the executive case that the Walters couple of the United States sued the government of the PRC on their son's accidental death caused by "Made in China" pistol. There are some problems which lead to the current"three layer mode"of authorized management system of state-owned assets failing to play its due role in the states-owned assets management, to separate government from enterprises, which is also why our government was involved in the overseas lawsuit abuse that caused by the state-owned enterprises. This paper will try to find out these problems and put forward some suggestions to perfect the"three layer mode"of authorized management system of state-owned assets and finally come to the ideal framework of the system.Then, the whole paper mainly includes four chapters as follows:ChapterⅠThis chapter points out the reasons that our government was involved in the overseas lawsuit abuse caused by the state-owned enterprises is that Chinese government is determined to be the "control person" of Chinese state-owned enterprises which based on the related provisions of American law, the influence of corporate control theory and the state-owned assets management system of China at the time of making the judgment. However, the root cause why there is such a question, simply because the state-owned assets management system of China has some problems. Even after years of development, the"three layer mode"of authorized management system of state-owned assets is almost established, there are still many issues that hinder its ideal effect to play. Therefore, if we want to protect the Chinese government from the overseas lawsuit abuse caused by the state-owned enterprises, we must analyze the difficult situation profoundly, and try to come up with some beneficial suggestions to establish the ideal framework of the"three layer mode"of authorized management system of state-owned assets.ChapterⅡThis chapter focuses on the authorized relationship between the states and the authorized management organization of state-owned assets, and points out that there are some problems with this legal relationship, for instance, the"authorized relationship"is not clear; the system of choosing the trustees has some flaws; the authorized management organization of state-owned assets lacks independence. At the same time, this chapter puts forward some measures including clearing the"authorized relationship"for trust relationship, improving the system of choosing the trustees, endowing the authorized management organization of state-owned assets real independence, clearing the qualifications of the trustors and beneficiaries of state-owned assets trust, and perfecting the supporting legal system.ChapterⅢThis chapter focuses on the investment relationship between the authorized management organization of state-owned assets and the state-owned enterprises, and points out that there are some problems with this legal relationship, such as the great adverse impact of the"legal person's property rights"theory of state-owned enterprises, the shortcomings of the management of the authorized organization to the state-owned enterprises, the absence of relevant civil liabilities. To change this situation, we can consider the following aspects: replacing the expression of"legal person's property rights"with"legal person's property ownership", using the"Temasek Mode"for reference to improve the management of state-owned enterprises, and clearing the civil liabilities.ChapterⅣThis chapter is discussing about the relationship between the government and the enterprises in the authorized management system of state-owned assets in the view of the role of the State-owned Assets Supervision and Administration Commission (SASAC). There will be something wrong if the role of SASAC is set to investor. We should make it regress to regulator and focus on solving a range of issues, such as dealing with the relationship between itself and the government (including its departments), the authorized management organization of state-owned assets, the state-owned enterprises; the powers, responsibilities and the supervision of SASAC; the problem that who will act the role of the investor after stripping the SASAC as investor.