Transfer Of Ownership Of State-owned Enterprises Legal Research

With the deepening of the reform of stat-own enterprises, the reform of property rights is becoming the main emphasis, property rights transfer is the focas of property rights system reform .property rights transfer of state own enterprises is an important method of ecouraging proper arrangements of national properties and of adjusting national economic stnecture strategically, as well as a precondition of managerial system reform of stat-owm enteiprises and setting up a modem enterprises system .Therefore ,Studying and exploring the problems and approaches existing in the process of propenty rights Transfer is of great sig nificance for legally standardizing the transfer and setting up a modern enterprise system and optimal disposition of resources.Clear property rights is the precondition of property rights transfer. From the view point of economies, property rights is series of rights concerning the using of property that is specifcily posessed. It is, expressed in legal terms, the name ofr the series of rights of different bodies for enjoying the property, which are recognized and protected by law and arising with the existing and the using of the property, property rights it reflects the regulation of rights, obligations, and responsibility among different bodies, forming during the process of the owner effectively using the property, property rights in the morden sense include not only legal property rights but also the properly rghts of legal enterprise body. The characteristics of property rights are the division of the ownership of investers and the ownership of legal body, enjoying fluidity and transference, property rights Transfer refers to the total or partial transfer or property ownership, using right, profit gaining right, disposing right, concerning two property rights bodies or more. The key of property rights transfer is the flow of property rights. Which is the objective reguirement of property rights reform regularity and market economy. In modern capitalist economy, free property rights transfer is th economic precondition of numerous acquisition, operation restructuring and readjustment of industry structure. As a restructuring mechanism of companies, property rights transfer encourage competition among companies and the survival of prosperous businesses. At the same time, encouraging the best dispositionof economic resources of the society.Property rights tnansfer of state-own enterprises is an comercial activaty with national property rights of the enteiprise as the object, in a narrow sense, include owership transfer and operational right transfer. In a wide sence, property rights transfer include national stock equity transfer of both listed and non-listed companies, as well as partial transfer and complete transfer. With the deepening of the reform of property righty transfer of state-own enterprises, state property rights trancfer serves as animportant way to bring a money managing manner change, from a housekeeper way of managing manner to a market managing manner.At the moment, property rights transter of state-own enterprises is strengthened and proceeds in wider areas. Playing an important role is transferring asset reserve, optimizing increment, realizing assets reorganization, readjusting industry structure, however, the lack of standardization in the practice still has a strong ciupast on the reform process. The main problems are: incomplete policies for property rights defining, screeming and wrong operation of the transfer process, transferring out of reguler market, infringing on the workers' and the debtors' rights, infringing on the national'interests by intermediary organizations and property rights exchanges due to cheating and malpractice. As an economic pheromenon, property rights transfer need to be studied by using the principles methods of economics. And also need to be seen and analyze a legal way. It's not only urgent but also necessary to study all kinds of legal relations during transfer process from the perspective of law, mak clear regulate the rights,...