Civil Law Protection Of State-Owned Assets In The Mergers And Acquisitions Of State-Owned Enterprises

State-owned enterprises mergers and acquisitions is a key link of operations of state-owned assets and the transfer of property rights, which is also the hardest hit of the loss of state-owned assets. For a long time, Our legislation and judicial practice focuses on the criminal law and the administrative law to protect the state-owned assets, the importance of civil law is lack of attention. This paper discusses the civil law protection of state-owned assets in the particular process of state-owned enterprises mergers and acquisitions. This paper is divided into three parts:The first part is the discovery of the problem, which defines the concept of the loss of state assets and clears the responsibility for the loss of state assets. Then from an empirical point of view, it sums up the main ways of the loss of state-owned assets in the mergers and acquisitions by using cases, which provides a practical foundation for the civil law protection of state-owned assets. The second part summarizes our current legislation on the protection of the state-owned assets, and makes a comparative analysis of the difference between criminal law protection, administrative law protection and civil law, makes a clear view that civil law protection should be the main way among three protections. The last part is the focus of this paper, it would give some views for the lack of the civil law protection of the state-owned assets, which including to increase the staff of the local government and the general staff of the state-owned enterprise to take the responsibility of the loss of state assets from civil law, and put forward some measures for the state-owned assets in the transaction process. Explicitly proposes the view that pre-programs of the state-owned assets transactions is necessary to fulfill the contract, which is to rule the state-owned enterprises mergers and acquisitions, prevent the loss of state assets, and increase the value of state-owned assets.