On Legal Barriers To Efficiency And Breakthrough Of State - Owned Assets

After have seen about the quantity and complexity of the relationship concerning state-owned capital based on the change of our society from planned economy to market economy, this article made its first conclusion: when our reformation of economy system brought about a rapid explosion of the quantity and category of the relationship concerning state-owned capital, our government not only hasn't supplied enough legal regulations, but also hasn't invested enough social cost to implement the existed legal regulations. This is the ostensible reason of the invalidation of law in the field about state-owned capital, namely, the legal reason of state-owed capital's lost and inefficient circulation.Then, through setting up and analyzing a function about the actual effect of law, such a theory is proved: only when the social cost invested to implement the law is matching with the quantity of the social relationship being adjusted, can the anticipative effect of law be realized. There are only two approaches of our government to control the whole relationship concerning state-owned capital through law effectively: one is to increase the proportion of social cost of law in the national budget as possible as it can be, the other is to decrease the quantity of the relationship concerning state-owned capital in order to make it matching with the social cost of law invested now.Moreover, through setting up and analyzing a model about indifference curves of law's national target, two concepts, the marginal substitution rate of capital and diminishing marginal returns, are used to describe the effective area for the efficiency of state-owned capital law. So a viewpoint can be got from both theory and practice: our government should rearrange and optimize the proportion of the ownership of different kinds of capital, this is the premise to make the circulation of state-owned capital in the effective area for the efficiency of its correlative law. And the task of establishing our state-owned capital law should be as follows: according to the principle that "efficiency is prior, justice is indispensable", setting down particular regulations to change the inefficient relationship of state-owned capital to the efficient relationship of private capital.And the last conclusion is the logic outcome of anterior demonstration: our government should establish a piece of effective state-owned capital law in order that we can decrease the quantity of state-owned capital reasonably and regulate the bidirectional transformation between state-owned and private capital efficiently and strategically. This is not only the fundamental task of state-owned capital law, but also the premise of its efficient circulation and the only approach of our country to survival and develop in the international competition.