The Research On The Correlation System Of The Stated-owned Company

The new system of the supervision and management of the state-owned assets in the company which is established in2003lead to the problem that many state-owned companies belong to the same institution which is responsible as the investor. In legal theory, the companies which is from the same investor has the correlation as the affiliated enterprise.which is not what the lawmakers want to see. Therefore, the<company law>which is remedied in2013stipulates that the stated-owned company has the correlation not just for being controlled by the nation. The<company state-owned assets law> stipulates that the related parties in the state-invested companies include the trustee, supervisor, senior executive, their relatives and the companies owned or controlled by the people above. But these regulations are too impractical to deny the existence of the correlation, furthermore, they will give rise to some issues such as the breach of the rules of the market economy, the increase of the risk of the international trade, even the unnecessary international lawsuit. To get rid of the correlation between the state-owned companies is not difficulty by discussing the correlation between the state-owned companies from three aspects:the relationship of the correlation, correlation trade and affiliated companies and comparing the domestic theories, regulations and practices with the foreign ones:to set up the different state-owned assets operation institutions according to the different characteristics of the state-owned company and let it take responsibilities as the investors, to deprive the investors of the rights from the state-owned assets committee and the state-owned assets supervision and management institution for letting them to be the pure investors and doing their job respectively in favor of the development of the state-owned company and improvement of China’s market economy system in order let the market to play an crucial role.