The Legal Consideration On State-owned Assets Supervision And Administration

State-owned assets (SA) are the property or property rights that the country enjoyed ownership, and the narrowly-defined SA only mean operational state-owned assets. The property rights of SA of our country is not clear, so its insufficient supervision and relevant legislation lead to the fact that SA run off in a large amount in economic system reform course. The soft legal environment has restrained the shortage of the means from aggravating the loss further. The losing generally is shifted by at a low price purposely, which results to switching the SA to personal property. Through the analysis of the experiences and lessons of other countries'national economy system reform, the two difficulty choices between market failure and government failure, the shortages of agency legal system, it is historical and realistic inevitable choice that SA are supervised.Using comparative research approach, it indicates that State-owned assets supervision an administration (SASA) should be according with the national conditions through the analysis of the different SASA modes of foreign countries. And for the market economy countries, they should be based on the law and market mechanism to structure the SASA system of ruling of law.The fourth chapter is the core of the thesis, which is mostly analyzed by canonical and empirical analysis though historical and law and economics research approaches National administrative power and economic power are unified under our country's traditional planed system, so SA operation is lack of vigor. In the course of marching toward the development of market economy, SA is also participating in the market operation mechanism actively, but still under the serious administrative control, causing SA be unable to give full play to market vigor and causing the corruption, which have produced the generous loss. So it is need to change the administrative trend of current SA government supervision, and under the guiding of clear and perfect property right to set up market mechanism SASA system of ruling of law. At the same time, giving full play to the role of supervision of citizens organizations to set up the transparent democratic supervisory system of state-owned assets, reinforce and perfect the government SASA.