Chinese State-owned Enterprise Governance Transformation From The Perspective Of Legal Research

Since the reform and opening up, the reform of state-owned enterprises in China hasmade remarkable achievements, including the construction of a modern enterprise systemstep by step, the company system reform smoothly, the transformation of operationmechanism, state-owned enterprise vitality and competitiveness greatly enhanced.However, the reform of state-owned enterprises in China still has a long way to go. Thegoal of state-owned enterprise reform is to establish modern enterprise system as corporateform, the key lies in perfecting the system of corporate governance of state ownedenterprises. There is still the governance of state-owned enterprises in China with manydeep level problems: internal control, the board of directors, board of supervisors lack ofindependence of the function is very limited, the state-owned shares "alone big" and thenon circulation stock proportion is too high, the information disclosure mechanism is notperfect, the managers lack of effective incentive and restraint mechanisms and "old threecommittees" and "new three" relationship, these problems restrict the efficiency ofstate-owned enterprises running.Research on corporate governance in China began in twentieth Century90’s, alongwith the reform of the state-owned Enterprise Inc, the governance of the state-ownedenterprises has made great strides in development. Eighteen big report put forward todeepen the reform of state-owned enterprises, in the crucial period of China’s economictransformation and upgrading, the reform of state-owned enterprises is related to China’seconomic system reform. This paper is divided into six parts: the first chapter introducesthe research background, research significance, main research contents, research status,research methods and innovation; the second chapter is a summary of state-ownedenterprises, mainly studies the concept, characteristics and classification of state-ownedenterprises; the third chapter is the theoretical basis and historical origin of the governanceof state-owned enterprises. The main contents of this chapter, a definition of corporategovernance and governance of the state-owned enterprises, and introduce the history andtheory of governance of state-owned enterprises and the management of state-ownedenterprises in China; the fourth chapter is the system characteristic and the significance ofthe developed country governance, mainly analyzes the governance characteristics inSingapore, America, France and other countries of state-owned enterprises, summary thebeneficial reference to China; the fifth chapter research exists in transformation period ofSOE governance problems and cause analysis; the sixth chapter is the construction andimprovement of China’s corporate governance system, establish and strengthen thesupervision on state-owned assets effective property right system, and internal governanceand external governance on state owned enterprises and puts forward some suggestions.