Research On Legal Problems In The Position Of Functions Of The State—owned Assets Supervision And Administration Commission Of The State Council(SASAC)

After30years of reform and opening up, China successfully achieved a great historical transformation from a highly centralized planned economy to a robust socialist market economic system, the sustained and rapid growth of economy and increasing overall national strength. Especially, from a subsidiary of government production units into a real market competitor; from the decentralizing right and sharing profit under the premise of separation of ownership and right to operate business into modern enterprise system under reform of property rights, the restructure of the state-owned enterprise perfected the state-owned assets management system, and improved state economic dominance and competitiveness than ever before. However, the development is a process and not easy, so we should promptly address the various problems caused by the development in the pursuit of speed of development.State-owned Assets Supervision and Administration Commission of the State Council (SASAC) is the State Council of the Ad Hoc Committee, formally established in2003. The purpose of the establishment of SASAC is to solve the historical problems, such as unseparating government from enterprises, unseparating government from assets, multiple-subjects management, heavy social burden, much burden of history, redundant business people, in order to maintain and increase the value of state-owned assets and to prevent loss of state assets. SASAC was authorized by State-owned Assets Law in2009to perform duties on behalf of the investor, and peeled off right of supervision and administration with exertion of contributor’s right, such as usufruct of assets, significant decision-making power, manager-selecting power and so on, and acted as a clean investors, while State-owned Assets Law also provides the responsibility of the representative of investor. Combining the law and the practice, the law is apparently comprehensive, but we carefully analyze and find a range of issues, such as lack of the right of the representative of investor, excessive use of the right, large scope of management, the legal risk faced by.By analyzing the problems, we find that the SASAC is not suitable for investor, but for regulator, but a special regulator according to its own characteristics. Because SASAC is one of administrative agencies, it is necessary to carry out internal oversight, external oversight, and constraint, and to prevent the abuse of power.