Property Rights System Reform Of State-owned Enterprises In China Civil Law

State ownership of enterprise comes from the theory of sate ownership on Max and the pattern of Soviet economic. Under the pattern of state ownership, means of production belongs to all the people, state put into practice strict socialism planed economic system. At the beginning of the socialism period the state ownership of enterprise play an important role to establish state economic basis. However the ownership became the incubus for it mix up the function of government of managing state economy and the function of owner of state property. And the system led economy and enterprise to difficult situation, it did not fit in with development of economic, so it should be replaced by market economy .Our country is socialism country, the most main status of state-owned economy can not be changed. So it is the key for establishing market economic system to reforming enterprise of state.During reform of state-owned enterprise of 20 years, state-owned enterprise has been great changed. But the development of the enterprise still have much difficulty, for example efficiency of economic of enterprise is poor, managers of enterprise absent independent right, and so on. Why? Because the problem of property right of enterprise is not resolved.With the development about the construction of market economy of socialism, the absence about system of property right of state-owned enterprise is becoming barrier to put off the evolution of economy our country. It is the basis and premise for reform of state-owned enterprise to resolve the problem about property right of state-owned enterprise. Now, there are two principal point about the problem from the angle of science of civil law, one point persists the management right of state-owned enterprise should be separated from state-owned right, but it should be established by law. The other point persists state-owned enterprise should have ownership of state-owned enterprise. Although two point consent to reform state-owned enterprise through system of stock, these can not resole the root problem of property right of state-owned enterprise. So I suggest our country should ensure state and enterprise have ownership about state enterprise together, on the basic of the system we can adopt the method of giving enterprise management right of state-owned enterprise by law. I think this kind of way can resolve the difficulty of the reform of state-owned enterprise.