On The Legal Supervision Of Chinese National Assets Overseas

In recent years, as the “go global” strategy of state-owned enterprises is getting faster,the amount and size of state assets abroad are also keeping growing.Therefore, supervisionand management and risk prevention of state assets abroad has increasingly become the majorproblem yet to be solved for the operation of SOEs, as well as the value preservation andincrement of state-owned property.The war recently happened in Libya, is viewed as anothertest of the legal system for supervising and managing state assets abroad which has sufferedhuge losses during the war. Thus, it is beyond doubt that the improvement of this legal systemis of great emergency and importance.Mainly based on theoretical analysis, combined with case study, additionally with tworegulations recently issued, this paper finally puts forward the suggestions to improve legalsupervision and management of state assets abroad. Besides, apart from the introduction, thispaper is divided into five parts as follows, about23,000words in all.Introduction provides an overview about the process of legal system, research status ofstate assets abroad, as well as the significance of the study to the value preservation andincrement of state-owned property.Chapter One begins with the idea of supervision and management of state-owned assets,and defines the concept of legal supervision and management of state assets abroad bycomparing with domestic state-owned assets; The paper then carries on general analysis of thecontent of legal supervision and management of state assets abroad, respectively from theperspective of subject, object, target and manner, so as to make the concept and meaning clear.After that, the paper commences study from the amount and risk of existing state assetsabroad, combining with the case study of Libya, to describe the necessity of legal supervisionand management, which refers to why the country shall supervise and manage state assetsabroad.Chapter Two analyzes the framework of legal supervision and management of stateassets abroad. Firstly, started with relevant regulations, the paper summarizes the legal systemof supervision and management, and elaborates relevant legal systems. And then, the paperinterprets the new regulations in detail, and proceeds from relevant regulators or organizationsand their responsibilities, to analyze organizational structure of supervision and managementof state assets abroad. Chapter Three inductively analyzes the defects and problems existing in the legalsupervision and management from eight aspects, combining with some specific cases, andreveals serious detrimental effect on state assets abroad brought by those defects andproblems.Chapter Four researches into three kinds of foreign regulatory models by respectivelylooking into its content, summarizes their own characteristics, and further raises somethingworthy for the reference, to improve legal system of supervision and management of stateassets abroad in China.Based on the previous chapters, against defects and problems proposed, additionally withsome cases and integrating with foreign experiences, Chapter Five, which is also the last andmost crucial part of the paper, concludes how to improve the legal supervision andmanagement, and makes some suggestions from the aspects such as the formulation of lawsand regulations, management system, and supervisory system, in order to further improvelegal system of supervision and management in China, and maintain value preservation andincrement of state-owned property.