| After the 16th CPC Congress the reform of the big four state-owned commercial banks is a key and difficult point, and it has been more than twenty years since the beginning of the state-owned commercial banks (SOCB) reform. After a series of reform measures, which include the reform of credit management system, the separation of policy-related business, ect.the development goal has basically been established, that is to reconstruct the SOCBs into large modern and strongly competitive commercial banks with clear property right, definite rights and liabilities, separation of government and enterprises as well as scientific management. But all the reform measures have not touched the property right of SOCBs, and property right is the most basic and most important problem. It has a strong effect on the other reforms of SOCBs. At the same time, the property right of SOCBs must be reformed and innovated if real modern commercial banks are to be constructed. And preparations for the acute competition coming from foreign capital banks in the near future must be made. So the SOCBs' property right reform is in the first place for the time being. By means of theoretically discussing, widely drawing lessons from banks' development mode in developed countries and obtaining experiences from our shareholding commercial bank, the consensus has been reached that SOCB property right system reform should adopt the mode of shareholding.This article consists of four chapters. The first two chapters mainly analyze the property right system of SOCBs, and the other two chapters discuss the property right system reconstruction of SOCBs.Chapter one is the theory fundament of this thesis. Firstly, it describes the concept of property right and property right system. Then it analyzes the development trend of commercial banks' property rightsystem and discusses the property right system's features of the shareholding commercial banks, which include multiple property right structure, property right's separating, property right's exchange and limited responsibility.Chapter two focuses on the property right system of SOCBs. Firstly, it analyzes the origin of SOCBs' property right system and describes it's defects, which are the reasons why SOCBs should reform their property right system. Secondly, it discusses the necessity, condition and shortcoming of reformation, and suggests that the reform is necessary and feasible. At last, it compares the property right systems of company limited by shares with property right system of limited company, and evinces that the property right system of company limited by shares is the best in reformation of SOCBs' property right system.Chapter three makes a concrete discussion on the shares system reconstruction of SOCBs, including the goal and principle of reconstruction, the steps of conduct, shares structural, some appendent measures and the problem of SOCBs'. The goal of reconstruction is to establish modern commercial bank, which it embraces a clear property right system and a perfect corporative government structure. State control, full consideration about our situation and an advisable speed are the principles of reconstruction. The process has three steps and will be concretely discussed in the article. At last, the chapter emphasizes the problem of listing, and it includes why the SOCBs should be listed, the difficulty in the process of listing and several kinds of listing modes. Chapter four analyzes some problems that may be encountered in the process of reformation and gives some personal suggestions. Firstly, SOCBs have many bad assets, and it must be disposed and controlled. Secondly, some measures must be taken to match this reconstruction. For example, some laws relative to bank must be adjusted to this reconstruction. Thirty, state will insist on controlling the shares of SOCBs,so some effective rules must be enact to constrain the behavior of state shareholders. Fourth, an effective corporative government structure is a key point of this reconstruction. W... |
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