Operating State-owned Assets Management System To Build Legal Research

People have long paid great attention to the management of state-owned states. Because of their unique position in China, state assets are expected to continue playing a big role in boosting national economic development and creating wealth. At the 16th National Congress of the Chinese Communist Party held in 2002, Jiang Zemin said, "The state should establish a state assets management system under which the central government and local governments perform the responsibilities of investor on behalf of the state respectively. " In order to make the system of management for state assets perfect, this article studies legal problems about the establishment of new system in theory and makes some concrete suggestions to the construction of new system.There are three parts in this article:The first part analyses the current situations of the management of state-owned assets and the necessity of the system reform: A system of management for state assets was already established when central planning held sway in China. Reforms of the system have been carried out in the last 20-plus years, but the system still suffers from a host of problems, among which a non-separation of government and assets and a non-separation of government and enterprise are outstanding. Only establish a new state assets management system can we not only resolve these problems but also strengthen vigor of enterprise and increase returns on state assets.The second part expounds three theories about the system of management for state assets: The "balanced powers and responsibilities" is the key to the management of state-owned assets. Centering on this point, this part discusses three fundamental theories: property right system, represent of owners of state assets system and legal protection for state-owned assets. Property right system is thought to be the basis of the management for state assets by discussing its definition, characters, and functions. Represent of owners of state assets system is conceived to be the core of the management for state assets and thisarticle makes rational arrangements for the system design. With regard to legal protection, which is the fulcrum of the management for state assets, this article considers the Management of State-owned Assets Law should be drafted as soon as possible.The third part makes tentative plans for the establishment of new system in practice: There are three modes in foreign countries including three-tier mode, two-tier mode and classified management mode. Using the experience of other countries for reference and combining specific conditions of our country, we are to establish a state asset management mechanism at three tiers. The first tier is the State Property Regulatory and Management Commission (SPRM Commission). It mainly implements laws and regulations, works out policies of a guiding nature, and oversees the next tier. The second tier is the state operating companies. These companies receive leadership from specialized agencies and fulfill various contracts they sign with the agencies. The companies exercise their powers in state enterprises according to equity shares they own. It should be noted that their operation of enterprises is through asset ties but not administrative orders. At last of this part, some suggestions are made to establish mobile mechanism and pressure mechanism in two facieses.