Study Of The Transfer Of State-owned Property Legal Issues

As reform of State-owned Enterprise steps further, the reform of property system gradually becomes an important issue, among which the transfer of property right is the key problem. Property rights transfer of State-owned Enterprise is an important measure to promote the normal flow of state-owned properties, to carry out proper arrangements of state economy and to adjust national economic structure strategically. What's more, it is a precondition to reform the management system of State-owned Enterprises and to set up a modern enterprises system. Therefore, to study and explore problems and settlements existing in the process of property rights transfer is of great significance for legally standardizing the transference, setting up a modern enterprise system and disposing resources optimally.At present, most outcomes of the study in this field are from the viewpoint of economics, while study from the viewpoint of law is insufficient. Therefore, the in-depth analysis from the viewpoint of law is of great theoretical importance, which will guide legislation and practice of State-owned property rights transfer.This thesis discusses the subject from the general to the specific. Chapter one reviews the concepts of property right and state-owned property right, and general theory of State-owned property rights transfer. Then the author analyses the development process of State-owned property rights transfer. Chapter two introduces the main processes in practice to transfer State-owned property rights, which are regulated intensively in Interim Measures on Administration of State-own Property Rights Transfer issued by the State-owned Assets Supervision and Administration Committee and the Ministry of Finance. Chapter Three elaborates the problems existing in the process of State-owned property rights transfer. Finally the author puts forward the legal proposals to solve the problems.