Thinking Of The Legal Issues Of State-owned Property Rights Transfer Pricing

With the reformation of our state-own enterprises going further, the tansfer of state-owned property has become the new direction that puts forward the reformation of the state-own enterprises successfully. The transfer price of state-owned property is the key problem of the mechanism of transfer of property fights. The transfer price has direct influence on the benefit of all sides during the transfer, at the same time; it is related to the reasonable installment and increase in value of state-owned property. It is difficult to make a reasonable transfer price of state-owned property. And it is the reason that the people worry about the lost of state-owned property. The transfer price of state-owned property is a special form. it must be provided with all the characters of the price, more importantly; it will be affected by special factors.The transfer price of state-owned property is a kind of economic phenomena that is analyzed from the point of view of economies. On the other hand, we must study the problems from the point of juristic which is brought by the transfer price of state-owned property. The legislation lags behind of the actuality of transfer price of state-owned property.During past 20 years of reformation of state-owned enterprises, there are so many problems about transfer price of state-owned property as the deletion of the rater and procedure and the object with the mechanism of the transfer price. In order to advance the reformation of the state-owned enterprises successfully, it is essential to make regulations of law on the mechanism of the transfer price of state-owned property.In the thesis, starting with the history of state-owned property the author analyses the meanings and characteristics as well as concept of the reformation of state-owned property, then the author analyzed the factors which have influence on the transfer price of state-owned property, at the same times, he expounds the economic actuality of transfer price. On the other hand, the author analyzed the modern legislation and limitation of the mechanism of transfer price. The author analyses the problems among modern mechanism of transfer price, then makes full use of reference of foreign mechanism of transfer price and brings forward remedy measures for the deletion of rater and procedures and object of transfer price of state-owned property.The thesis includes five parts. The theoretical fiamework as following:In the preface, the author indicates that the transfer price is the key problem for the reformation of state-owned property. And the transfer price has direct influence on all sides. There are many defections on modern legislation. It is the reason that the author chooses this theme.The first part deals with the general theory of the reformation of state-owned property. Firstly, the author analyzed the general theory of state-owned property from the point of the view of contemporary concept of property and its inherent requirement. Secondly, the author reviews the course of the reformation of state-owned property and analyses the meanings and characteristics and points out the particularity of reformation of state-owned property. In the end, he indicates the use of the reformation of state-owned property.Part two draws on the analysis of the transfer price from the point of view of economy and jurisdiction. Being a special form of the mechanism, it must be provided with all the characters of the price, more importantly; it will be affected by special factors. In this part the author introduces the factors that affect the transfer price and make a synopsis of the actuality of the economics and legislation briefly. In the end, the author point out the deletions of the mechanism of transfer price.In the third part, it is the purpose to bring forward remedial measures for the mechanism of transfer price of state-owned property. The author suggests that there are so many problems as the deletions of rater and procedure of the mechanism of transfer price and so on. And then, makes a synopsis of foreign experience in legislation of transfer price. In the end, I bring forward the remedial measures to transfer price.The conclusive part, Chapter Five, draws the conclusions to the previous study and puts forward some further study suggestions.