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Property Right System Reform Of State-owned Enterprises

Posted on:2006-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:M M ZhouFull Text:PDF
GTID:2209360182460017Subject:Law
Abstract/Summary:PDF Full Text Request
State-owned enterprises are important components of National economy. The Property Relations Reforming in state-owned enterprise is the key to increasing the benefits and also the material base to set up harmonious society." Decision on perfecting several questions of socialist market economy system of the Central Committee of the Communist Party of China " points out clearly that Property right is the core and main content of the Ownership including Real Right, Debts, Stock right and Intellectual property right etc. With the intact property right concept, it is possible to further analyze the difference and connection among property right, company's property right, and Enterprise's legal person's proprietary. Direct against the nature and characteristic of the state-owned enterprise and property right, the reform of the property right must reach the whole change of state-owned enterprise and involve labourers' vital interests. It is a key to the SOE reform success or failure to ensure their existence and live. Reviewing in the past going on practicing of SOE reform on " power of management and ownership two right separate " already, the goal of the SOE reform is clearer and clearer. Its essence is the shareholding system reforming. Realize transforming into system of modern enterprise-like corporation in the state-owned enterprise that the pure national single administration controls, and then become the state-run company that control interest and participate in by shares. The profitable state-owned enterprise can be encouraged to become listed company and to manage regularly. Setup and perfect property right protection and dispute mechanism on the legal aspect, thus the content of property right legal system of state-owned enterprise can become abundant. Make it become smoothly operated, clearly defined, strongly protected meticulous system. In different periods of reform and economic development, it has different considerations on the efficiency of state-owned enterprise and the justice of the society. In the course of property relations reform of state-owned enterprise, we should considerate the actual conditions happing and developing in state-owned enterprise to create material conditions for realizing the justice of the society finally. Goal of the basic reform of the property right is the country or the government present the country to provide funds and solve the position in the state-run holding company of state-run stock right, at the same time make the enterprise become independent legal person's entity. How the assets of the state-owned enterprise preserve value, appreciation is that the base of property right reform of state-owned enterprise is checked. On the route of property right reform of state-owned enterprise, for that small and medium-sized enterprises with low benefits and hopeless to change, we should take the method to annex, recombination, auctioning and going bankrupt; For that enterprises profitable, in connection with the national economy and the people's livelihood, we should create the condition to make them become the listed companies after state-owned enterprise system changes for them in accordance with the law. At present capital operation of listed company is substandard, the company management become s" the grand banquets of a few people ". Company's medium and small stockholder's equity is encroached on. The fact that the state-owned enterprise hinders joint-stock company from developing still exists:The mechanism is not flexible. The management is substandard. In order to carry out shareholder's equal principle further and excite the shareholder's enthusiasm, it is needed to solve the stock right of listed company dividing. State-run non-negotiable stocks can be listed to activate the capital of the state-run joint-stock company. There have already presented a lot of questions in the property relation reform of state-owned enterprise. " inside people operate " and the practice in violation of rules and regulations cause state-run assets to run off in operation of the capital. It is the normal phenomenon that the new things, new developments go wrong in the SOE reform. We should pinpoint the problems and propose the improved measure. This is that we study the purpose of " research of property relations of state-owned enterprise ". We can draw quintessence from the achievement of studying and make the whole practice activity issue the measure of correcting in time under the guidance of theory to ensure the society to develop harmoniously.
Keywords/Search Tags:The state-owned business enterprise produces the power, The foundation reform, Equity and efficiency, Structurediversification
PDF Full Text Request
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