On The Legal System For The State-owned Capital Management Budget

The state-owned capital management budget is a relatively independent and important component of governmental multiple budget.The establishment of the legal system for the state-owned capital management budget is an important supplement and improvement to our legal system of budget, which will not only help to maintain and appreciate the value of national assets, but also play a significant role in social economy, and the people's livelihood & civil rights. Due to the fact that state-owned capital management budget is a new problem arising in the process of state-owned enterprise's deepening reform under the condition of market economy, there are no ready-made experiences or models for reference and obvious deficiencies are showed in the respect of corresponding laws and regulations. In view of this, it is necessary to carry out deep study on the legislation of state-owned capital management budget.This paper consists of three parts. The first part is "the general analysis of the operating budget system of state-owned capital ". Starting with its connotations, this part expatiates on the relative independence of state-owned capital management budget through comparing it with the public financial budget. Then it summarizes the theoretical basis for the establishment of the operating budget system of state-owned capital from the economical and legal perspective separately and analyzes the legal value of it. The second part is "the problems existing in our legal system of state-owned capital management budget". This part describes the implement status of our state-owned capital management budget system, and on the basis of this, it analyzes the shortcomings of our legal system of state-owned capital management budget, which mainly are the unclear location of state-owned capital operation budget, the indefinite establishers of the budget system, the insufficient legal basis for the budget and the ineffective supervision on the budget. The third part is "the suggestions in perfecting our legal system of state-owned capital management budget", which specifically includes:the institution of " Law of State-owned Capital management budget " and establishing of its legislative purpose and principles; defining the legal status of the state-owned capital management budget and achieving the complementation & combination with governmental public budgets under the guidance of public financial targets; clarifying the establishers of the state-owned capital management budget and implementing the powers and responsibilities of SASAC and financial sectors; detailing the legal procedure of the state-owned capital management budget system and ensure the legal and efficient framing, approving, executing and settling of the budgets; perfecting the supervision system of state-owned capital management budget and maintaining the seriousness and democracy of it.