Supervision By Law To Non-Operating State-Owned Assets

The formation and development of the non-operating state-owned assets, inseparable from the implementation of the state functions, is the material basis to make sure of the proper exercise of the state’s social functions,the management activities and social undertakings as well. As the market-oriented reforms gradually step into mature, stable period, the state financial expenditure is going to be more used for the fields as social security, health care, education&scientific research and so on, which is the inevitable result of the transfer of the government functions scope as well as the demand of development of economic society. According to preliminary statistics, at least35%of state-owned assets is non-operating state-owned assets at present. With the continuous development of marketing economy, the public tendency of government functions is increasingly evident, and the quantity of the non-operating state-owned and will be further improved as well as the quality.Confronted with the growing non-operating state-owned assets, the state preparation is obviously inadequate, and the buildings of law supervision system of the legal system with supporting systems have lagged behind the development of the reality. Since the founding of the state, several reforms have been made to supervision means of the administrative state-owned assets. But the effect is not satisfied because it is difficult to reform the management system with the following reasons difficult reformation, unclear regulatory body, and unsmooth management system. Up to now, generally speaking supervision on non-operating state-owned assets is still at the exploratory stage, not forming one unified supervision body with respective functions both for the government departments and non-government departments. In the year of2006, Provisions on the State-owned Assets Management of Administrative Departments and Provisions on the State-owned Assets Management of Institutions were issued by the Ministry of Finance, which made the supervision body of non-operating state-owned assets clear as well as supervision system operational. However, the binding and the criterion are not enough due to the height of legislation level, imperfect system and principled content without the specific operation rules. The rules and regulations of the past are still followed in the regulatory activities by the local government, which has caused the conflict between the regulatory legal basis and the actual regulatory. Presently the following problems are existed in the supervision on the non-operating state-owned assets:unclear asset stocks due to weak management infrastructure, unsmooth regulatory system because of co-existence of regulatory offside and absence, unscientific asset allocation resulting from low efficiency of government’s duties perform and big loss of assets caused by out-of-fashion management system.Based on the analysis of the above-mentioned problems and combined with the practice and exploration experience of supervision mode both domestic and international on the non-operating state-owned assets, the final solution is available. The detail is to improve the regulatory supervision on the non-operating state-owned assets both from Jurisprudence and juristical system: To be advised to issue Supervision and Administration Act on Non-operating State-owned Assets in order to improve the juristic level and then to change the status of department rules in the supervision regulatory of the non-operating state-owned assets; To coordinate the relationship between supervision code and regulations in order to make the inner relations harmonized and then to improve the supervision legal system on the non-operating state-owned assets; to establish the property-right system, make the dominant position of the Ministry of Finance in the supervision to make sure of the management system with the financial department the dominant position and rationalize the supervision and management system of the non-operating state-owned assets;to enhance the systems of allocation, use, disposal and supervision to the assets and change the status of the current regulatory laws system lagging behind regulatory practices in order to improve the legal system of supervision on the non-operating state-owned assets.