State-owned Enterprise Investors System Research

【Abstract】The content of this article is about the systemof investors of state-owned enterprises China is a nation ofsocialist public ownership. State-owned economy is animportant part of the public economy. Since the reform andopening up, the restructuring of state-owned enterprises hasbeen the focus of the national economic reform. To analyze fromthe perspective of jurisprudence, many of the basic legalrelationships are still not yet sorted out in state-ownedenterprises of the company after the restructuring is completed.The situation of civil rights and executive power mixedtogether is the main reason leading to a series of problems inthe state-owned enterprises. We should abandon the old feudalthinking and misperceptions of Soviet Law; instead we shallsolve the problems from objective point of view, to restore thetrue situation of the legal relationship in state-ownedenterprises.The main body of this article is divided into three parts:the first part is mainly presenting a question. In recent years,Along with China’s rapid economic development, people’s livingstandard has undergone enormous changes. As the main force ofthe market economy, the state-owned enterprises has made adramatic transformation, such as the formation of a diversifiedbusiness model, changing the ownership structure, it looks likethese enterprises are having a vibrant scene. In fact, thejoint-stock reform still did not solve the fundamental problemsof the state-owned enterprises, the problems are still exist,such as uncertainty of legal relationships, the role ofgovernment, the rights of the investors is, civilliability andso on. The second part is about analysis of the crux of theproblem. China’s state-owned enterprises emerges with supportof the executive power, therefore its vibrant development isinseparable from the support of the administrative power. Butadministrative power has two sides, private law protectionfailures have prevent the development of state-owned enterprises, may Optimization of state-owned assets could alsobe interfered by the administrative powers. By straight thechanges in the legal status during the development of Chinesestate-owned enterprises, the specific relationship between theenterprises and the state becomes clear, also the confusion inthe legal relationship between investors and state-ownedenterprises becomes apparent. Analysis shows that state-ownedenterprises are facing the problem of two levels, the first isabout government problem,, the other is about corporate level.The third part is to solve the problem. For the main problemsrelated to investors of state-owned enterprises, we shall findout a solution from the perspective of law and practice ofcombined together. From government perspective, we must makesure the government enjoy the status as a investor and a clearlegal concept of "government investment", the SASAC shallbecome a real investor in its true sense to fullfill thecontribution obligations to state-owned enterprises just as aninvestor who owns an equity. From the perspective of corporatelevel, the state-owned enterprises shall be operated as anindependent legal entity which follows the regulations of theCorporative law, investors should exercise of shareholderrights as a shareholder effectively.The ultimate viewpoint of this article is to establish thestate-owned enterprises investor system to solve the complexsituation of state-owned enterprises management mixes withadministrative powers, confusion of the legal relationshipthoroughly, then the state-owned enterprises could becomeindependent corporate legal entity in the market economy.