Study Of The Legal System Of State-owned Capital Operation

Currently, there are only some principal provisions in documents of policies on development of national capital operation, and in practice the norms on national capital operation are just limited on the level that they are according to related laws and regulations. So in this circumstance, it certainly will give rise to abnormal operation of national capital, lead the loss of national assets, cause the partial failure of the function of macro regulation and control on economy, and due to that the operation of national capital which bears particularity is directly concerned with innovational issue on the administrative system of national economy, therefore, it's bally necessary to make systematical construction and unified regulation on the related legal system of national capital operation. It's also immediately need such special laws and regulations as Law of National Assets or Law of National Capital Operation and irnplementary detailed rules. This article is neither a complete anatomy of Law of National Assets nor a systematical explanation on Law of National Capital Operation, just spreads from the discussion on mostly legal systems of national capital operation, so as to offer theoretical sustainment and guarantee of legal system for national capital operation.This article includes six parts:The fist part, basic theory of national capital operation. This part spreads from the category of capital , the connotation and extension of national capital, combines the theory of twoness of capital, analyses the twoness of national capital. On the base of explaining the connotation of national capital operation, it enumerates the inner and exterior conditions of national capital operation. It also parses the error on the comprehension of national capital operation, advances basic principles of national capital operation, analyses it's specific forms.The second part, the function of national capital operation. This part examines the target of national economy and the orientation of function which serves as a logical jumping-off point, brings forward two functions of national capital operation, namely, the function of keeping value and inCTement, the function of macro regulation and control on economy. It mainly rests with the legal dialysisand realization about the function of keeping value and increment and the tropism and realization about the function of macro regulation and control on economy.The third part, the operational main body of national capital operation. The premise of it's system is the orientation of the investor's responsibility, namely, the legally remolding of the government's behaviors. This part makes a legal orientation with the operational institution of national capital, proposes anthropomorphized operation of national capital, anatomizes the legal characteristic and practical manipulation of the operational main body of national capital operation.The fourth part, the operational modes of national capital. Currently, there are a good many malpractices in the operational modes of national capital in cur country, and there are some representative modes in foreign countries. Hereby, we should review the present circumstance of the market in which the national capital operates, use the experience of other countries, then select and innovate the operational modes which adapts to our situations.The fifth part, the national capital operation and the suitable exit of national economy. This part strives for establishing the legal framework of the supervision and control of national capital operation combining the existing problems from the system of supervision and control of national capital operation, explains the practical manners of the supervision and control of national capital operation further.The sixth party, the exiting mechanism of national economy in the national capital operation. Under the grand background of the adjustment of overall arrangement and structure on national economy, the exiting mechanism of national economy is expressly important. This part reviews the background of legal system about the exiting mechanism of national economy, examines it's selecting approaches and operation.