The Evolution Of Property Legal System Of The State-owned Coal Enterprise

The Chinese energy problem for its essence is the three intertwined problems of state-owned enterprise property rights, management mode as well as law and regulations, which is more directly appeared as coal problem in many aspects as coal is the pillar energy. In recent years, integration of coal resources in Shanxi rushes around and become the focus of the industry that has drawn numerous concerns and public controversy. The author studied the legal system reform of state-owned property rights, and combined with property rights theory to reveal the pattern of coal and enterprise property right conflicts between autonomy and integration from a historical perspective. The conflict of state-owned coal enterprises between property model and autonomy in management has not been completely solved under the overall background of China is going to establish a socialist market economy, therefore, the author paid close attention to the dynamic integration of Shanxi coal resource, in the hope of constantly follow-up this phenomenon to find effective solution in order to better adapt to the requirements of socialist market economy.Only by the integration of coal resources can transfer the Shanxi from a major coal resource province into a powerful coal economy province. This main part of the assay takes the integration of coal resources in Shanxi Province as an entry point, with the primary coverage are the strategy adjustment of the state-owned coal enterprises in planned economy period, thirty years of reform as well as the recent phase, and improve the change of stage political economic background, the management mode of enterprises alongside with its state-owned enterprises property rights reform.1949-1978 is the China's planned economy period. The coal industry develops steadily in the background of the beginning of the founding with the coal legislation and management of coal enterprises reflects the country has fully grasped the ownership and management situation. 1978-1984 is the period of expansion of enterprise autonomy in which China began to follow the road of socialist modernization construction as well as reform and opening up. The separation period of the state-owned enterprises' ownership and management is from 1985 to 1993. The government administrative functions separated from the state-owned management function, as well as the management separated from the ownership in this period. During 1994 to 1999, the state-owned coal had gradually established a modern enterprise system. Coal enterprises is expected to become the main player in the market competition with autonomous, self-financing, self-development, self-restraint. After three decades of reform and opening up, there was gratifying development in the coal industry with greater independent decision-making power, however there is still a long way to truly realize the establishment of the modern enterprise system with diversified property rights.The state-owned enterprise has entered the stage of strategy adjustment and perfection form the twenty-first century to the present. The reform of property system, alongside with the innovation of enterprise system and three system reformation processes together. This phase also proposed the theory of a "modern property rights system" is the "inherent requirement of perfect basic economic system and the vital foundation of constructing modern enterprise system".This main part of the assay entered with the integration of coal resources in Shanxi Province, with the strategy adjustment of the state-owned coal enterprises in planned economy period, thirty years of reform as well as the recent phase, and improve the change of stage political economic background, the management mode of enterprises alongside with its state-owned enterprises property rights reform to be the primary coverage. And eventually analyzed the case of the resource integration of Fenxi Mining Group Company and proposed the expectation and relevant recommendations of better cooperation between state-owned coal enterprise and private enterprise in the conclusion part.