Research On Law Problem Of State-owned Assets Authorizing Management

System of the state-owned assets authorizing management has constructed three stages of management mode since the year of 1992, the current State Committee of Capital, the main management body of state-owned assets authorization, the authorized state-owned enterprise. This system has achieved the first step of excluding government from enterprise, in order to make sure investors in place, duty right distinct. So some practical effects have been realized in the field of operation management of state-owned assets. However, as to the current situation of operation management of state-owned assets in China, this system is facing difficulties to realize the expected aims.Under this system, operation and management of state-owned assets are still trapped by non-separation between government and enterprise, offside and defaulted phenomenon of investors, poor supervision and management of state-owned assets, serious losses of some operating state-owned assets. Reasons are as follows. First, System of the state-owned assets authorizing management is faulty with defects. Double identity of the investor of state-owned assets and the regulator is always in conflict with the system which is lack of incentive and constraining mechanisms. Second, law on system of state-owned assets authoring management is imperfect. Law clauses are too abstract and inattentive, and they are even in conflict. Third, the political and economic system has cast some bad influence on system of state-owned assets authoring management, especially the current personnel system and some brand-turned companies.Success of system of state-owned assets authoring management must be based on proper reformation and perfection. Firstly, to improve the system, State Committee of Capital should be re-positioned. Role as an investor should be robbed, and the State Committee of Capital should keep its role as regulator only. Meanwhile, incentive and constraining mechanisms should be fully constructed. In addition, Laws and regulations system should be made to perfect the system of state-owned authorizing management. Finally, political and economic mechanisms should be reformed to improve personnel system, to put an end to those brand-turned companies, and to take necessary reforms to those companies.