Improve The Corporate Governance Structure Of State-owned Enterprises

State-owned enterprise has occupied important position since new China is founded, but the country has grasped coming also listing the person as the important marriage partner. Since the reform and openness, the state-owned enterprise managing the pattern and the economic effect arouse attention more, reform of state-owned enterprises becomes weight of highly valuing middle. Be reforming because of being able to not ignore to the person like this. But especially state-owned enterprise corporate system reforms be to make whose economic effect take a turn for the better, the country has done many probe and adopt the advanced abroad administration pattern, gave people afterwards once hope, reality does not bring along expected result such as like that people imagines. Whose cause is many-sided and deep arrangement of ideas, but the main body of a book main part discussing that is state-owned enterprises governs the structure problem.The main body of a book take that China navigates oil huge sum deficit case as point of penetration , announce to state-owned enterprise China having assets to protect with the chaos overseeing and there be no order, have suggested that person controls a phenomenon in major state-owned enterprise in the inside of existence , have reflected state-owned enterprise corporate management structure having certain problem, the abuse governing a pattern being able to not resolve state-owned enterprise completely , the state-owned enterprise governing designing that in the "law of cooperation" there exist a hiatus in structure. This is our country state-owned enterprise stubborn illness moving towards existence in first classics of reform of state-owned enterprises. In the homeland economy educational circles and the expert of the science of law community scholar pay close attention to here long ago, resolve a scheme having also brought forward a few well, fail to solve completely but all the time. The author tries to carry out thorough analysis on this one problem , probes into the perfect root cause affecting state-owned enterprise governing structure , is that the state-owned enterprise inspection mechanism does not perfect what be led to mainly. It is just because that pertinent supervision there exists a leak in mechanism or build not yet, can be used hitting the target governing a pattern failing to produce a marked effect sufficiently "law of cooperation". Benefit drawing abroad then relevance person governs a pattern commonly what being helped suggesting that the structure expecting to govern to perfect state-owned enterprise has bringing forward a few having pertinence.The main body of a book is allotted for four parts:PartⅠ, Navigate oil huge sum deficit case in analysis, announce to existence in major state-owned enterprise abuse. Which cause analyze detailed in this part leading to middle navigate oil huge sum state-owned assets loss. Look at the evil consequence being that system comes into being since the company is not related to in the light of superficially, result being to be short of effective inspection but come into being in substance, the company's inner outside monitors system not producing a marked effect, the enterprise operation is short of effective inspection, reason why, bringing about the result that the huge sum loses is inevitable kind in some on degree.Navigate the problem having discovered universality there existing in middle in major state-owned enterprise in oil huge sum deficit case out of: Company corporate management structure is reduced to pure form first, inside right countervails mechanism not producing a marked effect. The state-owned assets taking place gives supplies to secondly, person regulatory system not improve and perfect, will do now available regulation exists in name only. Thirdly, on the first two cause bases, produce the inside people control problem, ultimate, grave running off of state-owned assets consequence appears.PartⅡ, Classification analyzing state-owned enterprise definition, characteristic and state-owned enterprise. Rightness understands that these concepts are conducive to us see the state-owned enterprise intrinsic characteristics clearly, perfect effective corporate management structure has what be helped to building-up.State-owned enterprise is that modern enterprise system and our country socialism national conditions are tied in wedlock peculiar outcome. As an alternative law outcome public and personal, be loaded with a lot of society and politics target. State-owned enterprise is enterprise, but is one kind of peculiar enterprise, stay in peculiar position, have the peculiar function and effect in national economy. It has the characteristic different from in general average enterprise at heart. Concrete behavior is around: State-owned enterprise has double sex characteristic property running after social nature and making profit. Be going to set off from self state-owned enterprise characteristic property , be tied in wedlock peculiar factors such as homeland political economy , history , culture therefore, in structuring state-owned enterprise's when governing structure, besides foreign successful company governs experience except drawing lessons, corporate management structure is really according with China's actual condition's , ability has life-force more like this, only state-owned enterprise beneficial to being going to be is developed expanding , is improve the state-owned enterprise operation performance, and then feasible preservation and increment of the value of state assets.PartⅢ, The author has looked back our country state-owned enterprise in culture governing machine-made development history, from the history angle seeks the factor affecting state-owned enterprise governing lot that structure develops, have governed and structure to active state-owned enterprise having carried out commentary , have pointed out whose insufficient place , have analyzed deep-seated cause leading to the defect affecting corporate management structure detailed: Under multi-level agency by agreement pattern, unable initial consignor reality fulfills paying the money the people's inspection function, source driving force that suppositional law consignor insufficiency oversees, the country has been weakened gradually to state-owned enterprise supervision and constraint as well as Chinese state-owned enterprise a long time management control old idea and the traditional ideas effect can be used , has led to unable very good the state-owned enterprise inspection mechanism producing a marked effect, the inside people control problem frequently happens , drain of state-owned assets is grave. Therefore, perfect state-owned enterprise governs structure, on the basis ought to be in the particularity considering state-owned enterprise, be tied in wedlock Chinese peculiar national conditions, concentrate on being how, to use now available much better inspection mechanism producing a marked effect , how to build new regulatory system. This is that our perfect state-owned enterprise governs architectural basic starting point to some extent.PartⅣ, the author uses the up-to-date theory benefit governing on the international about the company for reference finally, relevance person theory, take it as basis , take state-owned assets protection and inspection as core, set about resolving the inside people control problem, Relevance person (be that state-owned assets sends out the money people , creditor , state-owned enterprise staff and worker , state-owned enterprise management control personnel mainly) governs every square benefit as administering a subject participating in state-owned enterprise all round, building-up is perfected giving first place to state-owned assets pay the money people inspection, benefit makes clear that other in the legal system that relevance person oversees for subsidiary all-direction inspection system, and in the relevance.Only ability realizes effective against state-owned enterprises operation and management inspection so, the possibility that the person control problem produces lowers the inside to a minimum realize preservation and increment of the value of state assets thereby.