Between The Publicity And For-proift:the Research Of Soe Reform’s Legal Position

In the history of economic reform in China,state-owned enterprises(SOE) reform alwayslike to play the roller coaster,one is not made the same score,one rises again.It is hard to reacha consensus on the essential problem between theory and practice."Fairness or efficiency " onthe comment, the study orientation of publicity and for-profit,gradually instead of enterprisesmanagement system study.And in practice,modern corporate governance structure reformdoesn’t fundamentally eliminate the contradictory between the attributes publicity andfor-profit deepens. With the national economic effects of SOE to produce enhancements,thesignificance of publicity is gradually appearing. In recent years, most SOE expanded thescope of monopoly in the fileds, the for-profit attribute function maximum, but theachivement of the public goal is not comforting.This paper firstly studys three typical cases about "the state advances as the privatesector retreats" in recent years, the fact that,take much attention of for-profit but let publicslide, does not dispute.To study the deeper meaning of the two basic attributea, then launchthe conclusion that lack of the theory to guide the overall for that SOE reform has never beensuccessful. This paper advances a theory about SOE positioning in law, for seeking theoptimal way of the SOE development in future. And the critical problem in this theory is howto balance contradiction between publicity and for-profit.This paper studys the comparionwith two wrong views from SOE reform reserch,and explains the theory of society orientationand SOE citizen, then, picks and clears SOE different targets of development in the long andshort-term,and disparates SOE spatial distribution,that in order to seek the support fromtheoretical and practical circles.It is so hard to balance contradiction for SOE reform, researchers and practitioners oftencan not control the degree of balance,it is due to the lack of the relevant legal system basicresearch.The SOE reform promotion encounter obstacles for the insufficiency oflaws,regulations and policies. this paper set economic democracy into SOE reform legalimplement.Specific legal implement would include three areas: state-owned capital enteringthe market standard into law, SOE citizens into law, the state-owned assets supervision,threeareas cover all aspects of the SOE reform operation in practice, finally ensure to orient SOEreform in law,control the balance of publicity and for-profit.