The Main Legal Analysis Of State-owned Equity Transfer

The transaction of state-owned share is being concerned among the circles of jurists and economists when it is more and more booming nowadays. With the China's entry into WTO, the foreign capital floods into China and accelerates this transaction. The transaction of state-owned share is relative to many legal issues, but the author will choose the transferor of the transaction for analysis. This dissertation gives the research and suggestion by using the methods of comparative and historical analysis and has been divided into five parts.Part one: First of all, the definition of state-owned share, the transaction of state-owned share and subject of the transaction of state-owned share have been pointed out and compared. The legal problems of the transaction of state-owned share have been discussed, which leads to the emphasizing the importance of the research on the subject.Part two: the legal analysis on the transferor of the transaction of state-owned share. The subject of the transaction of state-owned share is the state-holding company, which the concept, the characteristics and the legal status in the transaction have been discussed. The relationship between state-holding company and government is studied, which giving the conclusion that they are independent but closely relative.Part three: the study on the transferee of the transaction of state-owned share. Three kind of transferee have been analyzed, including investing companies, employees of those investing companies and foreign investors. The legislative drawbacks and advices have been pointed out here.Part four: the research on the relative parties. The protection of the interest of the main party-the shareholders of the circulating shares is the focus. According to the common infringement to the interest of these shareholders, legislative advices, network voting and derivative action have been put forward so as to improve.Part five: the introduction of the regulation of the manage committeeof state-owned capital and the committee of securities superintendence. The regulating functions of the manage committee of state-owned capital are multiple governing and investing management, while that of the committee of securities superintendence is supervising the transaction of the state-owned shares.