Study On The Legal Issues Involved In The Disposal Of The Allocated Land In The Reform Of State-owned Enterprises

The biggest problem facing in the reform of the state-owned enterprises is the stat-ownedassets, especially the disposal of the allocated land assets. With the development of the reformof the state-owned enterprises, especially the development of the market economyrequirement for “clarification of property rights”, the requirement for the disposal of theenterprise right of land use becomes more intense. It can be said that defining the disposal ofthe right to land use in the reform of the state-owned enterprises and constructing the relationof land property rights according to the requirement for “clarification of property rights”become the internal requirement and the important content in the reform of the state-ownedenterprises and also the necessary requirement for the establishment of the socialist marketeconomy.With the transformation of the economic system in China, the state-owned enterprisestherewith make a series of major reform measures to adapt to the economic and socialchanges, including the major reform of from the free disposal to the paid disposal of theallocated land and defining the specific policy for the disposal of the allocated land. Althoughthe two documents of the State Bureau of Land Administration Order (1998) No.8and GTZF(1999) No.433resolve the disposal of the right to the allocated land in the reform of thestate-owned enterprises, there are still many specific and complex problems, and furthermorethe two documents fail to list all problems of the allocated land in the reform of theenterprises and the allocated land the state-owned enterprises fail to thoroughly transformaccording to the disposal means also has the same problem, deviating the direction of thereform of the state-owned enterprises and having certain effect and obstacle to the reformthereof. The main problems in the allocated land of the stat-owned enterprises mainly lie inthe stock allocation, especially the stock allocation of the operation nature.The development direction of the disposal of the allocated land of the state-ownedenterprises is bound to keep pace with the development of the macro socialist economy andthe reform of the state-owned enterprises and the direction of the land reform and serves thebetter promotion of the development of the market economy and the state-owned enterprises.The reform of the use system for the allocated land and the classification of the propertyrights to the land and the independent property rights of the enterprises to the land are not only the important constituent element of the reform of the use system for the state-ownedland at present but also the important content in conformity with the reform direction of thereform of the state-owned enterprises.