Concerning The Reform Of The Wholly State-Owned Company

A wholly state-owned company is the product of China’s state-owned enterprise reform. It is a special kind of company system and is very differ from ordinary company. Although the Theory Circle call in question the wholly state-owned company, but it exist in the old and2005Company law. So they are very important in the Social economic of China. Because of the single and unique property subject, it is very different from the traditional limited liability company and joint stock limited company There are many problems in the company’ corporate governance structure and in the aspect of independent market body status, and the intervene of The government is preserved. With the becoming more and more big and strong, the wholly state-owned company is criticized in the aspects of monopoly and unfair competition.So much problems made us to regulate on this system again. This paper analyzes the characteristics of a wholly state-owned company itself and the particularity of the corporate governance structure, think to have certain types of state-owned company wholly owned by the state-owned enterprise in the form of social transition period is a special arrangements, which do not have long-term rationality; Finally put forward to diversify direction and special legal enterprise development direction of the significance and ways.The first part is the introduction, make clean the purpose and significance、theoretical present research situation, the research scope and methods.The second part overview a wholly state-owned company. Firstly introduced the development process of a wholly state-owned company. Then analyzes the characteristics of a wholly state-owned company, that is, the property right structure of the oneness, the property right of the main body of the fause, the investment subject of particularity, etc Finally analyzes the limitations of the wholly state-owned company.The third part analysis the corporate governance of a wholly state-owned company. It’s governance structure features displays in:the construction based on executive power, management of externality, management personnel agent properties,, The power of board of directors weakened in the actual operation, party organization’s special function. These particularities produce problems including1.The confusion relationship between the accrual.2. Insider control phenomenon prominent;3. Produce power rent-seeking, the corruption, etc. This part of the research in the back of the reform thought provides a basis for discussion.The fourth part contrast analysis of the foreign policy, first analysis the history of the privatization of Western countries because the privatization of western also references to the wholly state-owned enterprise reform, for Chinese companies to reform and the privatization of public utilities for reference. And then analyzes the German public law and the Japanese special people state-owned enterprise legal person enterprise, sums up the essence of both is the same, they basically is the nature of the wholly state-owned enterprise legal persons, are based on the operation state is different from the ordinary business of legal person of corporation.The legal person has strong public welfare, and public characteristic, is the extension of the functions of the government, but not the direct management, They do not pursue a complete separation, but the government’s limited, based on the special legal recognition of supervision and management. Germany、Japan’s system arrangement for our country’s state-owned enterprises reform, especially a wholly state-owned company system eventually outlet problem reference.The fifth part based on in front study the further reform path of a wholly state-owned company:1. Diversified ownership2. Establish aspecial legal person state-owned enterprises. Analysis the significance, scope, legislative Suggestions of various reform direction.The sixth part is the conclusion.