Legal Regulation Study Of State-owned Assets Management Optimization Of Administrative Institutions

The state-owned assets of administrative institutions takes one third of t he total state-owned assets. This part assets is the material security of the p ublic services provided and public functions performed by the government. How to manage and apply the state-owned assets of administrative institutio ns and ensure its security and efficient application is a problem of public m anagement, and also a problem of system design. However, for a long time, the politics, economy and social management of China are policy oriented and the degree of law involvement and systematism are low. Especially lega1regulations of state-owned assets management of administrative institutions are seriously behind. A set of complete and efficient legal regulation syste m of state-owned management of administrative institutions is needed to sol ve the problems such as idle and waste of the state-own assets of administr ative institutions, which can’t be prohibited by laws effectively and have thr eatened the safety and efficient application of state-owned assets of administ rative institutions. The state-owned assets management of enterprises has est ablished State-owned Assets of Enterprises Administration Law and can also be restricted and adjusted by the related laws and regulations, which make s it protected and applied regularly. Normally, the state-owned assets of adm inistrative institutions is not commercial state-owned assets and can’t be incl ude in State-owned Assets of Enterprises Administration Law. Then, is it ne cessary to legislate State-owned Assets of administrative institutions Adminis tration Law against the state-owned assets of administrative institutions?State-owned Assets of Enterprises Administration Law clarifies the asset s management of state-owned enterprises is in charged by State Asset Mana gement Commission. To clarify the rights and liabilities is in favor of coord ination of the state-owned assets management and can establish the enterpris e state-owned assets management regulation of the clearly-established owners hip and clear responsibility. However, the management principal of the state-owned assets of administrative institutions is not clear. From the central to1ocal levels, financial sectors, State Asset Regulatory Commission and organi zation affairs administrative department all partly conduct the management. But any of them can’t perform the ownership and the result is that no depa rtment is responsible for the state-owned assets of administrative institutions. Due to the lack of regulations of state-owned assets management of admin istrative institutions on law level, the various regions are all in accordance with Financial Department No.35and No.36decree, namely State-owned A ssets of administrative institutions Administration Interim Procedures and Sta te-owned Assets of Business Units Administration Interim Procedures as wel1as State-owned Assets of Central Administrative Institutions Administratio n Procedures issued by Central Government Offices Administration. The refo rm model of state-owned assets of administrative institutions is explored in practice and these reforms have achieved certain success and accumulated ri ch experience. But, the legal hierarchy of the state-owned assets managemen t of administrative institutions is low and the principles, objectives, style a nd procedure of the state assets management of different administrative instit utions are different, which cause that the state-owned assets of administrativ e institutions can’t coordinate and decrease the efficiency of the state-owned assets management of administrative institutions. In addition, the related rul es and regulations exist inadequate execution in practice.Thus, it is necessary to legislate a State-owned Assets of administrative institutions Administration Law based on summarization of management an d reform experience of local administrative institutions state-owned assets an d analysis of the existing problems and reasons and referred to the experien ce of foreign government assets management legislation so that the state-ow ned assets management of administrative institutions can be optimized and r egulated and its safety and efficient application can be guaranteed.