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The Legal System Of The Property Right Transaction Of The State-owned Enterprise In Our Country

Posted on:2013-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:C C WangFull Text:PDF
GTID:2246330374975669Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The enterprise state-owned property right transaction is an important part of thestate-owned asset management. It is important for strategic adjustment of state-ownedeconomy distribution and structure; preserving and increasing the value of state assets;strengthening the state-owned enterprise governance; developing and perfecting multi-levelcapital market. For the legal system plays an important role in regulating and promoting thestate-owned property right transaction, so we should continue innovating legal system inorder to ensure its scientific development.The state-owned property right conveyance legal questions refer to the main body, theconveyance intermediary, the conveyance behavior,the conveyance system and other relatedlegal questions of state-owned property right conveyance in both substantive and procedurallegal systems. These questions are not only the directly decisive factors of the state socialeconomy system structure and its nature, but also the influencing factors of the stateresource’s disposition and the cost&efficiency of system running.The state-owned property right conveyance is the inevitable result of the profoundstate-owned enterprise reform. Currently, it is the most effective, most active and mosteconomical market disposition method for state-owned property and social resources. It canadjust state-owned property structure and industrial structure, promote the forming ofproperty structure and industrial structure, promote the forming of property right main bodymultiplication pattern, build the regular automatic control mechanism for essential factorstorage quantity and it is an effective solution to shortcomings of state-owned system.The state一owned Property right conveyance has both substantive law and procedurallaw overall framework. Though the system is relatively integrity, it is still incomplete. Itsmaneuverability is not strong and has defect and flaw. The state-owned property rightconveyance system innovation has constitutional source and market source. It is necessary tocomplete the state-owned property right conveyance hospital system and the systemenvironment. The state-owned property right conveyance’s main body entering condition,withdrawal mechanism and incentive mechanism are to be developed. The intermediaryorganization’s function of property right conveyance is to be perfected, thus we could realize sunshine conveyance. The state-owned property right conveyance behavior is to bestandardized. The systems of state-owned property right conveyance behavior,enterpriseannex&purchase and the property right conveyance special legal system are needed to becompleted. Against the current regulatory system of enterprise state-owned property righttransaction, this paper argues that it should be innovated through the three macro aspects asfollows: repositioning state-owned asset regulatory institution; constructing scientificsupervision pattern of property right market and establishing the public interest litigationsystem.
Keywords/Search Tags:property right conveyance, main body legal system, Intermediary organizationlegal system, property right securitization, regulation
PDF Full Text Request
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