Thinking About The Conception Of State-owned Assets In Enterprises In Law

This paper mainly research the definition of the state-owned assets in enterprises,the definition means, at first, expounded the connotation of the concept, as well aswho has the ownership of state-owned assets in enterprises; secondly to clarify theboundaries, scope and relationship about possession, use and dispose of rights inaccordance with the law between the holder who have rights and obligations of thestate-owned assets in enterprises.This paper proposes three issues about the theory and practice of state-ownedassets defined, conceptual issues, institutional and practical issues. The main problemin concept is that the concept of state-owned assets in enterprises is a proper subset ofstate-owned assets, but the concept of state-owned assets didn’t stipulate in the lawarticle, how to distinguish the scope of the state-owned assets and state-owned assetsin enterprise, so that the state-owned assets in enterprise, the legal concept can hasstability, certainty and applicability. The institutional issues include three areas, theownership institution, property rights, and the corporate institution can be applied instate-owned assets in enterprise, update the theory to effectively promote the reformof state-owned enterprises to promote economic development, which is the secondquestion. There are three types of practice issues, including how to define theownership of state-owned assets in enterprises, and how to implement the distinguishof the management rights of the State-owned Assets Management Committee andstate-owned enterprises, and how to build and improve the state-owned assets levelinstitution in nation and state.The second part of this article is to describe the theoretical research of the United States, Japan, Germany and Russia, the four countries’ state-owned assetsmanagement system, and the subject, object, contents of the rights and obligations inthe theoretical research in the Western capitalist countries, for us to solve the first partof the three categories of issues. The third part of the article response to the first part,consists of three parts. To solve the problem of concept, the author proposed the firstpoint, that is no longer need to defines the concept of state-owned assets; then Iproposed an innovative point of the article, that is drawing foreign theoretical research,proposed a unique insight into the types and classification of China’s state-ownedassets; further in this classification, each class of state-owned assets have differentsubjects and the objects; Finally, give a explanation about context and purpose tostate-owned assets in enterprises. About how to solve system problems, First of all,we need to reform the institution of national ownership what used so far; Secondly,we must distinguish property rights or corporate governance to adjustment accordingto the classification of state-owned assets, which point of view author put forwardthree arguments to elaborate and support. About how to solve practical problems, alsodivided into three parts to respond above, the elaboration about conceptual andinstitutional issues have provided theoretical support for the practice problems, theauthor draws on four capitalist countries, the state-owned assets in enterprisesadvanced experience in the management and analysis the solution of the three types ofpractical problems in the current conditions of our country.