The Research On The Approaches Of The Transition From Bankruptcy By Policy To Bankruptcy According To Law For State-owned Enterprise Of China

The state-owned enterprises as the backbone of national economy are the powerful force of constructing a well-off and harmonious society in an all-round way, and simultaneously are the vital basis of the Party's wielding power. The innovation of state-owned enterprises is the central key of the economic system reformation. In the past 20 years since the 3rd Plenary Session of the 11th Central Committee of the Party, especially after the 15th National Congress of CPC, the development and the reconstruction of state-owned enterprises have been led to the goal of establishing the socialistic market economy system, and great achievement has been made in the process of constantly innovating. Following the guide line, which can be concluded as "selectively industrial investment and evacuation", the reconstruction of state-owned enterprises in China the goal of which is to establish a basic economy system that the economy of various ownership cooperates harmoniously with the economy of public ownership as the main body, has been promoted in a multilevel way by taking chance of improving the modern enterprise system and establishing modern property right system. During the innovation process, a lot of approaches, which can be stated as Company Property Right System, Mergence and Recombination, the reformation of separating non-core businesses from core businesses and the restructuring of non-core businesses, Social Function Separation, and closing-down and bankruptcy respectively, are adopted to promote the reconstruction of state-owned enterprises.Promoting the bankruptcy of state-owned enterprise in an active and steady way is an effective approach to encourage the mechanism innovation of enterprise system. This paper analyzed the situation of the state-owned enterprise bankruptcy and the problems which appeared during the process of bankruptcy implementation since 1995, and proposed the ways and approaches by which the transition from bankruptcy by policy to bankruptcy according to law is completed under the circumstance of advocating the conceptions of scientific development, people orientation and building a harmonious society. The topics mainly discussed in the paper are listed below:1. It analyzed the background, status, and problems of state-owned enterprises bankruptcy by policy.2. This paper studied the basic theories of enterprises bankruptcy. Besides that, it also specified the responsibilities of the government and state assets provider in state-owned enterprises bankruptcy, and further more, expounded the establishment process of transition from government guidance to state assets providers leading in state-owned enterprises bankruptcy under the new national capital supervision and management system.3. The allocation of staff members, debt disposal, disposition of bankruptcy property status are expounded and approaches of state-owned enterprise bankruptcy according to law are provided by comparing the law systems of state-owned enterprises bankruptcy in the United states, great Britain, France and Germany as well as analyzing status of Chinese Current Law of Bankruptcy and Chinese new Bankruptcy Law.4. Long-term mechanisms for stable work of enterprise bankruptcy are discussed during the transition from bankruptcy by policy to bankruptcy according to law through generalizing the experience of enterprise bankruptcy in recent years.5. Ways and measures for state - owned enterprises bankruptcy according to law are proposed by analyzing overall situations and the macro-background of the reform of state enterprise according to the deployment strategy which was proposed by the state council that closing-down and bankruptcy will no longer be implemented.The creative place of the thesis is that combining physically, integrating systematically put forward our country the state-owned enterprises bankruptcy according to law of mechanism establishment, path and measure, after inducing to tally up measure and way of the state-owned enterprises bankruptcy by policy. It is stronger reality instruction meaning operation experience for the bankrupt work of the state-owned enterprises to present stage of our country. The shortage of the thesis is that can not effectively put forward solving measure of the administration guarantee obligation which became to the history.