Business Transactions Of Property Rights Legal System

As a promotion of capital concentration and a mechanism for optimizing resources, property rights exchange of enterprises plays an important role of accelerating the development of market economy. However, it is impossible for the exchange to function normally and completely without the adjustment of law, because of the various aspects it involves. In China, there is still no specialized law covering the property rights exchange of enterprises, all of which are currently seen in governmental regulations of all levels. In addition, most of the regulations available suffer the deficiency of lack of strong power and of discrepancies with each other. So one can see that legal institution of the property rights exchange of enterprises is urgently needed in China. In order to study and to form such legal institution soundly, it is neccessary to focus on the basic theories. There are three basic theories neccessary for research among various ones, according to the author. They involves the concept of property rights of enterprises, the one of property rights exchange of enterprises, the current legislative situation, as well as the status and the functions of legal institution of property rights exchange of enterprises. This article focus merely on the legal institution of the exchange place and the supervision legal institution, considering the former one's key role and the latter one's urgency for improvement. Five parts are included in this paper:Part One deals with two basic concepts, the property rights of enterprises and the property rights exchange of enterprises. It does some comparisons of several current concepts of property rights and considers that property rights is a new form of property which arises from ownership, also a mixture of restrictive real right and restrictive credits. It also maintains that property rights of enterprises are the mainbody of modern property rights and are composed of original property rights and property rights of corporate enterprises. As well as defining the concept...