China's State - Owned Enterprise Property Right To The Legal Issues Of Transfer Of Management

As an exotic system, management buy-out (MBO) has applied to China for not a long period, yet there are a lot of research productions by experts and scholars on the analysis of the system, together with the problems and obstacles happened in practice. Whereas most of those are in advance of the publication of " Temporary Regulation about Transferring State-owned Property Rights into Management", which indicates that the nativistic legislation of MBO has begun but now, and there are few professional academic theses but comments on newspaper. So we need to further investigate and demonstrate, which my theses tries to break through.Based on a discussion of the basic system MBO and its practice in and abroad, it demonstrates the necessity of transferring state-owned property rights into management for the Chinese State-owned enterprises(SOEs)'reformation. Then it stresses on the new 'Temporary Regulation" for analysis and comment, and bring forward some suggestions on how to improve it on the altitude as a system of law. There are four chapters in this paper:Chapter One: The theory and practice of MBO system. The chapter starts with an understanding of the MBO's implications and characters together with origin and value. Then it goes on to introduce its practice in such capitalism countries as Britain and America ,and in east Europe countries such as Russia. At last it stresses on the causes and problems MBO appeared in China, together with "the Controversy between Lang and Gu" which uncovered them.Chapter Two: The analysis on the necessity of transferring state-owned property rights into management First, it analyzes its importance for Chinese SOEs reformation and effect on the improvement of the governance structure of SOEs. Then it demonstrates that transferring state-owned property rights into management is not the real reason which causes the loss of the state-owned property.Chapter Three: Regulations in China about transferring state-owned property rights into management and comments on it. It analyzes the regulations' publication background and content, then it gives comments on its new concept...