State-owned Assets Supervision And Legal Research

Since the state assets play a decisive role in the economy of China, supervising these assets efficiently is a major topic. Because the assets in state-owned enterprises are main parts of the whole state assets, what's more important, problems in the supervision of the assets in the state- owned enterprises are most urgent compare to the supervision of administrative assets or state-owned nature resources, the paper focuses on the supervision of the assets in the state-owned enterprises. At the same time, the paper excludes the administrative assets and the state-owned nature resources. In the paper, problems as follows are discussed: state assets and supervision of state assets; comparative study on the supervision of state assets; subjects and legal relationships among these subjects; ownership and representation among the state, the central government and local governments; state assets supervision legislation, etc.The paper consists of five parts.The first part is " state assets and supervision of state assets". In this part, the author analyzed the concept and the outline of the state assets and the supervision of the state assets. Specifically, the part contains: the relations between assets and property; the concept, the origin and the classification of the state assets, in addition, the meanings, the targets, the institutions and the modes of the supervision are also mentioned in this part.The second part is " comparative study on the supervision of state assets". In the beginning of this part, the author introduced briefly the supervision conditions in several main foreign countries. After that, the author gave the feature of those countries. Following contents are the present supervision situations in China, among these situations, the differences from the foreign countries are discussed more specifically. At the end of this part, several enlightenments are offered.The third part is "subjects of the supervision and legal relationships among those subjects". The central government, local governments, the state assets supervisory committee, state assets management bodies as well as the state-owned enterprises are such subjects. In this part, firstly, the author determined the nature of the subjects; secondly, the legal relationships among those subjects are discussed.The forth part is "how to regulate state assets ownership and representation among the state, the central government and local governments". In this part, the author insisted on that the state take the ownership of the state assets. At the same time, the author thought that the central government and local governments should represent the state to employ the ownership. After did that, the author analyzed the problem that how to regulate the delegacy between the central government and local governments.The last part is " state assets supervision legislation". In this part, firstly, the necessity of the state assets supervision legislation is analyzed; secondly, the author determined the nature of the state assets supervision legislation; finally, several concrete problems are studied, these problems are urgent issues the state assets supervision legislation should face up to.