Study Of The Legislative Power Of The Central And Local State-owned Assets

In recent years, great achievements had been made on state-owned assets management legislation work in China and relative officials promulgated a series of laws, administrative regulations, and rules of department and standard documents concerning state-owned assets management. However, it still has some problems in the system of state-owned assets legislation, for instance, duty ambiguity, insufficiency and over-sufficiency. These problems directly result in confusion of the legislative order, legal absence, and legal abuse, namely, which organization or department should be the main body of state-owned assets legislation, which legislative ranks should establish corresponding legislative items. Especially with the deepening of state-owned assets reform and the building of new state-owned assets management system, central and local government put more effort into the legislative work of the state-owned assets so as to give prominence to this question on the agenda. If these problems are not handled well, it will make the legislation in low efficiency, affects the legislation solemnity and authority, and even spoils the image of the government. The settlement of these sticky problems should start with the agreeable state-owned property legislative authority relation, having an intimate knowledge on legislative authority of the respective characteristics of central and local government so that come into being reasonable division of legislative power-sharing system between central and local government.Thereby, in the framework of the existing legislative system, I used the foreign successful experience as a reference and combined with the general conditions in our nation, according to the principle of legislative power-sharing division and the respective characteristic of central and local legislative bodies, creatively presented some reformative suggestions on setting up the central exclusive legislative authority, local "exclusive" legislative authority, and central-local "joint" legislative authority, carried on the state-owned assets legislation items division between the central and local legislative bodies courageously and deliberately. The final aim is to improve the state-owned assets legislative resources finite state, respond the legislative need in time, make full use of resource, make the power under supervision , satisfy particular needs of the state-owned assets legislation items and state-owned assets management system.The thesis consists of five parts:The first part: the introduction of state-owned assets legislative authorityIt has laid out fundamental theories which related to state-owned assets legislative authority, include the definition of state-owned assets legislative authority, the mission of state-owned assets legislative authority, the main body of state-owned assets legislative authority, the attribution of state-owned asset legislation, the contents of state-owned asset legislation, these are the preparation for the following argumentation.The second part: the basis of state-owned assets legislative authority divisionBy considering the state property authority, the efficiency of resources allocation, the requirement of new state-owned assets management system, I thoroughly expound and prove the necessity and feasibility of the state-owned assets legislative authority division between central and local government in the system of compound legislation in China.The third part: the successful experiences of state-owned assets legislative authority problem in foreign countries.The author systematically analyzes and compares the strategies and situation of state-owned assets legislative authority division between central and local governments in America, Japan and France respectively, and summarizes the general and regular experience from it, which is quite useful to handling the problems of state-owned assets authority division in China.The fourth part: the analysis of state-owned assets legislative authority conditionIt designates the problems and harms of our country's state-owned assets legislative authority and reveals the essential causes.The fifth part: The research on Countermeasures of proper demarcation of state-owned assets legislative authority On the basis of former analysis on present condition and problems, learning the experience of foreign countries, the author put forward the principle, basic structure and complete policies of the proper division of state-owned assets legislative authority in our central and local governments.It researched the object and tasks generally and particularly, adopted the standard and evidential analysis methods in the meantime, combined theory with practice, try to make this thesis more scientifically and convincing and clarify the theme of the thesis.