Study Of The Legal Status Of The Operating State-owned Assets Management Institutions

In China's state-owned assets, the ration of state-owned assets for business operation is high. People have long paid great attention to the management of state-owned assets for business operation (SABO). The reformation of China's state-owned assets management system, and the reformation of our whole economic system, is for the SABO in some degree. From State-owned Assets Admonition Bureau to State-owned Assets Supervision and Administration Commission (SASAC), the model of state-owned assets management agency (SAMA) has been gradually innovated. Although at present we consider SASAC as an investor, which takes charge of administrating assets, personnel and affairs, its legal status is still unclear.This paper consists of four chapters altogether. The first chapter begins from the fundamental theory of state-owned assets, expounding the concept and characteristics of state-owned assets for business operation, defining the connotation of legal status. Then, the author reviewed the developing process of our nation's SAMA from the vertical point of view, analyzed the foundation of SAMA and the management pattern. In the second chapter, the author used "principal-agent theory" to expound the ownership of state-owned assets and the theoretical foundation for setting up SAMA. Moreover, the author also discussed the SAMA in the economic means. The third chapter involved the comparative research for the typical model in the foreign state-owned assets management and legislation. We can use the experience of other countries for reference to establish our own SAMA and management system. The last chapter profoundly focused on the reestablishment of SAMA's legal status. The author mainly analyzed the nature, rights (duty) and legal responsibility of SAMA. Finally, the paper made a deep insight into the relationship between state-owned assets management agency and operational company.