Efficiency And Fairness Of The Conflict And Integration

The execution of assets of state-owned enterprises shall be the key contents of civil execution, and difficulties with which it is faced are the important respect of"difficult in execution". The crux of difficult in execution of properties of state-owned enterprises lies in difficulty in solving all kinds of contradictions and conflicts, involving in all different fields regarding judicial system and social current conditions. The summary of characteristics regarding execution of properties of state-owned enterprises and its problems faced through actual cases and analysis of problems having occurred for settlement are the important ways to bring into a fully play the functions of civil execution, improve executive efficiency and perfect legal system of civil execution.The main reason to cause difficulty in execution of properties of state-owned enterprises shall generally condemn the imperfection of legal system of civil execution, the conflict between policies and law of civil execution, disturbance of non-policy and legal elements. Thoroughgoing settlement of problems of difficulty in execution of properties of state-owned enterprises shall perfect the basic principles of execution of properties of state-owned enterprises, strengthen theoretical research of civil execution, perfect legal system of civil execution, realize linkup of civil legal system and bankruptcy system and perfect relevant legislation.First of all, in accordance with characteristics regarding execution of properties of state-owned enterprises and major problems with which it is faced, it is very necessary to establish the basic principle with efficiency being preferential and concurrently paying attention to fairness, balancing benefits of different entities, promotion of social conciliation, strengthening consciousness of legal system and promoting capability of resisting disturbance etc.Secondly, the strengthening of theoretical research of civil law is the major contents of perfecting legal system of civil execution, and shall be of key realistic and directive significance to work of execution. It should be seen that some key elements causing difficulty in execution mostly have concrete temporariness, including difficulty in arranging for staff of workers of state-owned enterprises, non-distinction of proprietorship of land usufruct, imperfection of reform of state-owned enterprises, all of which are the productions of specific historical period. By step-and-step perfection of economic system and social security system, as well as improvement of legal concepts, these unfavorable elements shall gradually disappear. Hence, the theoretical research of civil execution shall not be able to yield to the imperfection of realities, to lack long-term development sightedness and to lose macro-directive meanings, but further nail down the value outlook and its functional positioning of civil execution; at the same time noticing these unfavorable elements exist objectively. In the execution of properties of state-owned enterprises we can't neglect to existence of historical and realistic issues. In the new period, upon the request of constructing harmonious society, boosting social efficiency of civil execution, it is better to maintain social disciplines and secure sound development of social economy. In respect of perfection of concrete legal system, we moreover establish effective executive mechanism in link with actualities for being beneficial for solving all kinds of contradictions and conflicts, concurrently paying attention to realization of fairness while improving executive efficiency.And further, in the course of execution of state-owned enterprises, there frequently exist the problems that civil executive system and enterprise bankruptcy system don't link up in terms of disposal of properties of state-owned enterprises approaching bankruptcy. Due to no good linkup of such two systems to make execution of properties of state-owned enterprises fall into the contradiction between efficiency pursuit of realization of individual creditor's rights and fair protection of many creditor's rights, which shall be deemed as another reason causing the difficulty in execution. The key to solve the problem lies in perfection of civil execution system and bankruptcy system, as well as reasonable linkup of the above two systems. In connection with related laws and regulations, an analysis shall be theoretically conducted of differences and linkup between the civil execution system and bankruptcy system to find the possibility of reasonable linkup of the above two systems. What's more, the reasonable linkup of the above two systems shall be of good significance to self perfection of legal system of civil execution and solution to realistic problems.In addition, this passage also suggests the system should be legislatively set up regarding priority of economic compensation given to staff of workers and reform of state land usufruct.