Font Size: a A A

Research On Legal System Of Supervision Over The Transfer Of State-owned Assets Of The Enterprises

Posted on:2017-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:C Y MoFull Text:PDF
GTID:2336330485998057Subject:Economic Law
Abstract/Summary:PDF Full Text Request
After the Third Plenum of the 18 th CPC Central Committee,the course of reform has been advanced in a full speed, and the state-owned assets have been active in the Market-oriented Economy once again. With the deepening of marketization, it is so hard that the old concept of supervision to adapt to the ongoing state-owned assets' structural adjustment. In addtion, in order to supervise the transformation of state-owned assets of the enterprises, the supervisors have to be aware that the key to the construction and improvement of the legal system of supervision is by changing our traditional concept of supervision. Therefore, firstly with the sense of Market-oriented Economy to analyze those issues such as 'the loss of state asset',, 'the maintenance and appreciation of value of state property',which involves in the process of the transfer. Therefore, to analyse the problem such as the 'the loss of the state assets' or 'the maintenance and appreciation of value of state property', the Market-oriented Economy theory should be used.Secondly, under the system designing of 'the focus on state capital', the independence of SOE is important to achieve and then to analyze the role of the property rights trading market in the process of the transfer.Since the strict prior approval is essential to the transfer, the supervisors should also combine the legal system of supervision with the practice of the property rights trading market to break through the obstacles and dilemma of problems.In addition to the introduction and conclusion, this paper mainly discusses from five parts.Part I: The goals of the reform of the Legal System of Supervision over the Transfer of State-owned Assets of the Enterprises.The transfer of state-owned assets of enterprises is theoretically analyze in the background of the marketization,which considers that the Market-oriented Economy will be guiding this state-owned enterprises reform and fastening the historical achievements of the Market-oriented Reformation over the past 30 years and more since reform and opening-up.With the breakthrough of traditional concept of supervision,two problems, 'the loss of the state asset' and 'the maintenance and appreciation of value of state property', will be explained in a new way under the Market-oriented Economy.Furthermore, there must be some impacts on the specific arrangements on the legal systems of supervision over the transfer becasue some goals have been proposed, such as 'the focus on state capital' or 'innovation on the present authorized management structure' or 'establishing some state-owned capital operation and investment companies', and so on.Part II: Empirical Research on the Supervision over the Transfer of State-owned Assets of the Enterprises.This is the start-point to discuss the supervision. After the practical summary and institutional pectination, the feature of the supervision is cleard, those are constrained by a hierarchy approval, the state-owned assets valuation being a prerequisite for of the transfer and the trading system of property rights is the heart function.And then,we will be separately discussed the operation of the system of the hierarchy approval,the valuation system of state-owned assets and the trading system of property rights.Part III: Legislative Analysis of the Supervision over the Transfer of State-owned Assets of the Enterprises. This part will tease out the present of laws and rules or some regulatory documents, particularly explaining the innovation of the Enterprise State-owned Assets Law.At the same time, it will be analyzed that the system of rules and normative documents, such as the Supervision and Administration of State-owned Assets of Enterprises Tentative Regulations, Interim Measures for the Management of the Transfer of the State-owned Property Right of Enterprises, and so on.In the end, it mainly analyzes that the special provisions examines and approves of transfer in the local legislative documents.Part IV: The Problems in the Supervision over the Transfer of State-owned Assets of the Enterprises.In this part through the analysis of the practical transfer and the legislative systems, it observes that there are many insufficiencies of the legal system of supervision, such as the identity conflicts, either an investor or a regulators of the State-owned assets supervision and administration; the structural disadvantages of supervision system; some specific systems like the system of the hierarchy approval or the trading system of property rights remaining to improve.Part V: The Perfection of the Transfer of State-owned Assets of the Enterprises.This part proposes some perfect measures after classifying analysis on the present issues of the legal system of supervision.Firstly, improving the regulatory system of state-owned assets to make up for the structural defects of the legal system of supervision.Secondly, improving the legislation of supervision, which purposes to the local legislation. Finally, it expects that the administrative supervision of state-owned assets' transfer shall be transformed into market-oriented supervision with a view to achieve the improvement of the legal system of supervision over the transfer of state-owned assets of the enterprises.
Keywords/Search Tags:Transfer of State-owned Enterprises' Assets, Market-oriented Economy, Property Right Market, Approval Procedure
PDF Full Text Request
Related items