The Study On Distribution Of State-owned Capital Income System

Our country is a socialist country based on public ownership economic,state-owned capital is formed when national asset is put into operating, and theincome is quite considerable. How to distribute this huge wealth is becoming adifficult task nowadays. Our government takes more attention to the distribution ofstate-owned capital income recent years, dedicates to improving the distributionmethod by enlarging the scope of distribution and raising the rate of turning, butexcept such technical rules, laws and regulations are more expected. Nowadays, theexperts and scholars mostly focus on economics, institutional theory and sociologywhen they study on the distribution of state-owned capital income system, rarelyfrom the angle of law. But establishing and developing of legal system is necessaryto the distribution of state-owned capital income system, so the author chooses thistheme, hoping to understand the current situation and insufficiency of distribution ofstate-owned capital income system, comparing the regulations in foreign countriesand taking the advanced parts from them, aiming to perfect the legal system ofdistribution of state-owned capital income system by supply the author’ssuggestions.Except introduction and epilogue, this thesis includes four chapters, the contentof each chapter is listed below:Chapter One compares and defines several concepts in distribution of state-owned capital income system, limits the research area in state-owned capitalalso known as operational national asset. As a breakthrough point of this thesis, theauthor first defines the character and sources of state-owned capital income,emphasize its functions in guaranteeing the benefits of state ownership andmacro-control. After that, the author introduces the historical development of thissystem in our country. Besides, she analyzes the inevitability and feasibility ofestablishing this system from the aspects of economic, legal system and society, laysthe foundation for investigation of system in the rest of this thesis.Chapter Two deeply analyzes the theoretical basis of distribution of state-ownedcapital income system from different angles. Equity theory clearly separates theownership and management of state-owned enterprises, defines the legal status ofstate and enterprises, it is the premise and basis. Distribution justice theory is basedon the financial allocation on a macro level, points the way to adjust technical rulesin distribution of state-owned capital income, to achieve the justice in opportunity,regulation, process and results.Based on the current laws and regulations of distribution of state-owned capitalincome system and the distribution condition in practice, Chapter Three inspects thisdistribution system omnibearing. Reviewing this system from legal system,supporting system and supervision mechanism, finding the existing defects and pointout the root of the problem.Chapter Four is aim to introduce the distribution of state-owned capital incomesystem in foreign countries, compare and take the advanced parts from them. Theauthor proposes her own thoughts about establishing and perfects the state-ownedcapital income system, property rights institution and budget system.Here are the innovative parts in this thesis: First, combine law theory andinstitutional theory, implement principal of democracy and rule of law and fairnessand justice from a macro level. Survey the distribution of state-owned capital incomesystem from legal angle, which supported by property rights system and the budgetsystem for state capital operations, which usually separated in the past; Second, use acombination of historical analysis, comparative analysis and empirical analysis, summarize the implementation situation of this system in our state, understand theexisting problems in current legal system by researching the history of this system inour state, analyzing and comparing related theories both in China and the West, andthe distribution of state-owned capital income system in other countries.As time is limited and the difficulties in material gathering, this thesis still hasseveral drawbacks: First, it’s difficult to gain related datum. The information fromgovernment is not sufficient; some datum are from internet, the investigation offoreign country is lack of original materials, mostly based on the introduction ofdomestic scholars, which is lack of authority; the conclusion of research is defect.Second, the author is lack of knowledge in economics and institutional theory, thesuggestion is kind of macrograph, lack of operability in practice. Third, as lack ofspace, the introduce of property rights system and the budget system for state capitaloperations is kind of short.