The Legislative Studies Of The State-owned Capital Management Budget

As early as in1993, the third plenary session of the fourteenth of the chinese communist party had suggested to establish the state-owned capital management budget.Beijing, Shanghai, Jiangsu, Hubei, Yunnan and other provinces had produced several policies of the state-owned capital management budget Systematically and carried out capital management budget making following the Sate Council began to try it out Since2007. The State Council released objection of trying out the state-owned capital management which is the sign of beginning to establish the state-owned capital management budget.The first part of this thesis mainly discuss definition and property of the state-owned capital management budget.Firstly,it has to clearly distinguish it from related concepts.We should know the definition and property of assets and state-owned assets which is the base of it.Moreovor, domestic scholars has different views on the definition and expression of it. Secondly,there are also arguments on the property of the state-owned capital management budget in academia.The focus is whether it should independent of the government public budget or not.There are two representative views:subsidiary theory and independent theory. Subsidiary theory is that the state-owned capital management budget is the important of the government public budget. On the contrary,independent theory is that the state-owned capital management budget should independent of the government public budget. Through analysing the relationship between them from law adjustment scope and legal function I think the former should independent of the latter.The second part of this thesis mainly discuss the necessity and feasibility of legislation of state-owned capital management budget.On the one hand,there are four points to probe into the necessity of state-owned capital management budget.Firstly,it is necessary to legislate for regulating state-owned capital gains.Secondly, it is helpful to legislate for maintaining and appreciating the value of state-owned assets. Thirdly,it has to legislate for government to achieve regulatory functions. Fourthly,it is helpful to consummate the budget process legal systems.On the other hand, there are three points to probe into the feasibility of state-owned capital management budget.Firstly,it has a good social environment for legislation. Secondly, legislation and practice of local government are based for legislation properly. Thirdly, foreign legislation and practice are also salutary lessons to china.The last part of this thesis mainly aims to set down the law of state-owned capital management budget included its model and principle as well as purpose and concept.Firstly,I learn from foreign legislative model so as to comment local model in china. Secondly,there are four points to analysis the legislative purpose such as distribute income and allocate resource reasonably, maintaining and appreciating the value of state-owned assets, strengthen government capacity and stabilize socialist market economy. Thirdly, we should stick to the key principles in legislation which are the government by law principle and balance of payments as well as scientific establishment. Fourthly,I present that we should establish this law included balance and collection as well as establishment and supervision.