The Research On The Legal Personality Of Military Institutions After Transformation

Military research institutes are an important force of national defense.With the country’s institutional reform and depth on the defense industry,institutions classification reforming has been put on the agenda. For themilitary institutions which are engaged in production， they will beconverted into enterprises. Between institutions and companies how to dothe conversion, State has not yet introduced the relevant policies andregulations. For such an institutional innovation, this paper attemptsviewing from the perspective of the company’s legal personality, anddrawing on the independence of the legal personality and values aftermilitary institutions being turned into enterprises.This paper first describes the background and history，in which themilitary institutions have been converted into enterprise. And it discussesthe current difficulties of the property rights reform of military enterprises.Through analyzing emphatically the military enterprise’s separate legal personality factors，it’s deduced that the military enterprises do not haveseparate legal personality from the current situation. Then the papercompares the course of the establishment of independent legal personalityin30years, and analyzes the private trend of the foreign militaryenterprises. The point of view is formed on the basis for the value,influence factors of the military enterprises’ legal personality. That is,currently， military enterprises are far from being independent,comprehensive market players. It is needed to gradually break through thebarriers to the military industry，change in the structure of the singleinvestment, support the reform of laws and regulations, and continue toimprove and deepen the reform.In this way, military enterprises canbecome the legal person substance and market principal part withindependent property and meaning autonomous.