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Research Of The Protection Of National Assets From The Perspective Of Property Law

Posted on:2012-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:W Z MaFull Text:PDF
GTID:2216330371454189Subject:Law
Abstract/Summary:PDF Full Text Request
National assets are the backbone of national economy and the material basis of the development and improvement of socialist market economy. Currently, the loss of national assets has become a major issue that must be addressed in the process of developing our national economy. The pass of "Property Law of the People's Republic of China" (hereinafter referred to as "Property Law") clearly defines the subject of the ownership of national assets, the scope of national assets and the exercise subject of the ownership of national assets. It actively endows the state organs and state institutions with the rights of possessing, using, benefiting and handling the national property and proposes the legal responsibility of causing the loss of national assets which is significant for protecting national assets. State, as a special civil subject and an abstract entity, is difficult to directly control its ownership, which necessarily requires it authorize the state organs, enterprises and public institutions and state-invested enterprises by laws and regulations to represent the exercise of state ownership within the limits prescribed by law. This paper takes the representative exercise of state ownership as the main argument object to expound its legal significance and characteristics and believes that compared to the model of "level-to-level management", the property ownership model of "unity of all and level-to-level representation" is more in line with China's current national assets management system and also able to correctly deal with the property relations between state and central government and between local governments. It is a scientific option of management model of national assets and can better achieve ownership of national assets by state and the whole people, which is the "unity of all."This paper adopts the writing mode of case study and total includes four parts divided into five chapters. There are about twenty-two thousand words.The first part is the introduction, which introduces the research background, research content, research methods and research value of the paper.The second part is the case which consists of the five parts of the cause of action, the case profiles, the focus of the case, controversies and different opinions of the case and the case summary. The case starts from a typical case of national assets. The three defendants in the case transfer the national assets with lower amount without the approval of the Administration of State Property and result in the truth of loss. This paper plans to lead to the author's thinking of the protection of national assets by Civil Law especially the protection of national assets from the Perspective of Property Law through the focus, controversies and different opinions of the case and tries to see the greatness from the small case and give full play to the role of the case.The third part is the legal analysis and the main argument. The author mainly expounds the views on the protection of national assets by Property Law from the three aspects of "Overview of the loss of national assets, the protection of national assets from Property Law and the representative exercise of state ownership".The fourth part is a summary of the full text. It looks forward to the future development of the relevant laws and regulations of national assets and confirms the important role of current laws and regulations in the protection of national assets, especially the Property Law. The author is full of confidence in the protection of national assets.Under the guidance of Rule of the Law and Scientific Outlook on Development of building a harmonious society and the background of building socialism legal system with Chinese characteristics and the increasing development of establishing a unified China Civil Code, the paper takes the representative exercise of state ownership as the main argument to study the issue of the protection of national assets by Property Law. It compares and analyzes different ownership models of national assets, describes that the subject of representative exercise of state ownership should be equipped with the feature of diversity and try to prevent the loss of national assets and contribute to the full realization of the maintenance and increase of the values of China's national assets.
Keywords/Search Tags:national assets, property law, national ownership, the representative exercise of national ownership
PDF Full Text Request
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