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State-owned Shareholding System And Its Implementation Mechanism

Posted on:2003-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y TangFull Text:PDF
GTID:2206360095451977Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The process of reform of the state-owned corporations in China, from the cut of the specific changing form of corporation, is transforming the original state-owned corporation into companies in modern sense, yet, through the aspect of the conversion of the right of our nation and the state-owned corporation, is the replacement of the national ownership by the national stock ownership; therefore, as to the deepening the reform of state-owned corporation, it is of great importance to study the system of national stock ownership as well as its realizing mechanism.In the system of the national ownership, every trivia of state-owned corporations, during the era of planned economy, was in the charge of the nation, whereas, itself was put into a state of being in lack of rights, benefits and responsibilities, in that, it was, at most an individual workshop of the big factory of the nation; In this state, obviously, the state-owned corporations were in deficiency of developing power, which resulted in low output.With the erection of the system of the social market economy, state-owned corporations start to be transformed into companies, hereafter the system of the national stock-ownership come into being. In the system of national stock-ownership, the nation changed from the original owner into shareholder, who can only exert its influence in companies according to its holding shares of stock. 1 here exist no nation outside company, that is to say the corporation begins to enjoy independent ownership of legal person, which makes it independent individual meeting the requirements of market economy.Although the system of the national stock-ownership has been inpractice in our country, the undeniable truth is it has not been fully brought into play, in another word, it has not been efficiently fully utilized.Through macro perspective, there are three problems to be solved to realixe the system of national stock-ownership in China, which are: what is the system of national stock-ownership? Whether it can be compatible with the economy system of public ownership? And how to work out efficiently?Followed by this thought, this aidcle should solve the problem what is the system of national stock-ownership. In this article the category stated like: during the process of transforming the national corporations into companies, the nation relinquished the ownership of thecorporations originally enjoyed, and started to take it as stock ownership, in that it started to enjoy as rights as an outsider, and the corporations started to own a independent ownership being legal persons, which is a legal system of becoming a real independent subject of market. The working of the system of national stock ownership relies on two rights it contains which ac. national stock ownership and ownership of legal person. The former belongs to the nation, the later, to corporations; the both condition each other and promote each other; in the end, they work together to realize the system of the national stock ownership. Moreover, of the system of national stock ownership could not work efficiently without the material carrier of the regulated company structure.Secondly, this article intends to solve the problem whether the system of national stock ownership could be compatible with public ownership. The system of national stock ownership springs from the western capitalism economy, it Has invented as a way to settleconfusion of the relation between the nation and corporations, and to change the situation of national corporations' low efficiency. Although Chinese economy system is essentially varied from the western ones, it has, seen from the problems national corporations facing, something in common with the western ones in running; moreover, the system ol national stock ownership is an inevitably product of market economy, hence, our reform of national corporation should take foreign experiences for reference. Yet, the basic question that whether it is a denial of public ownership provided that replacing of national owners...
Keywords/Search Tags:the system of national stock ownership, the economy system of public ownership, the running system of the national assets, trust, the reduction of the shares of national stocks
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