A Study Of State-owned Assets Evaluation Norms And State-owned Asset Transfer Contract Effectiveness

In judicial practice, since the conclude without state-owned asset valuation norms, the court gave virous judgement to the contract of asset transfer from state-owned enterprises to private enterprises regarding similar cases. To this end, the author studies the case of state-owned asset transfer, set the example of State Assets disputes and the land use rights transfer between state-owned enterprises and private enterprises, combined with relevant legislation and practice state-owned assets transferred in our country, in order to discuss the essence of the state-owned asset valuation norms. Propose other factors which without assessing may affect state-owned assets transfer contract.The paper has five parts, mainly states as follows.The first part of this paper is the introduction. Mainly discuss the transfer of state-owned assets disputes and the urgency to determine the layout of the nature of the state-owned assets assessment profile with major research methods.The second part of this paper rise a case to ask questions, to extract the focus of controversy:①Is the transfer of state-owned assets to assess a effective mandatory norms?②Should maintain the involved contract in effect? The writer has given her opinions.The third part is to define the nature of the state-owned assets assessment. First, giving a clear specification of peremptory norms with a peremptory norm in the nature, scope, the rank fit; Secondly, according to the provisions of the relevant judicial interpretations and guidance issued by the Supreme People’s Court of contract law, peremptory norms has been divide to the effectiveness of mandatory regulation and management of peremptory norms, elaborated from a formal specification for the object, the violation consequences of their legislative purpose to identify the effectiveness of mandatory norms, passing under the above four steps to identify, pointed out Non-fit between standard and evaluate the effectiveness of state-owned assets of peremptory norms, determine its peremptory norms of manageability.The fourth part, introduce the factors which could impact the effectiveness of the contract:the public interest, the principle of good faith, bona fide assignee or not, a clear specification of state-owned assets assessment is not the only factor in the effectiveness of State-owned asset transfer contract effectiveness.When state-owned assets transfer agreement damage the state-owned assets, it should invoke the "Contract Law" Article52(d) of damage to the provisions of the public interest to identify state-owned assets transfer contract invalid; bur if the contents of the contract do not harm interests of state-owned assets, and lack of the process of standardization is violation of state-owned assets assessment specification shall not invoke the "Contract Law" Article52(d), the state-owned assets transfer contract is not invalid.Because the State-owned assets evaluation norms itself does not specify the consequences of their violation of the law, and other laws and administrative regulations also has not regulations, the effectiveness of state-owned assets transfer contract can not be determined without evaluation, this time citing principle of good faith can be used to fill the shortcomings of this specification, so that the effectiveness of state-owned assets transfer contract has been properly evaluated and regulate.When a dispute occurs, the law should not protect the legitimate interests of state-owned enterprises at the expense of the legitimate interests of private enterprise, should not identify the transfer contract invalid with the excuse of lack assessment just for protect state-owned assets.The fifth part is the conclusion of this article.In short, the state-owned enterprise reform is the historical mission of national economic and social transformation of the socialist era, this mission is special and significant, therefore, the identification of effectiveness of state-owned assets has to be cautious with overall inspection.