The Study On The Classification Construction About Decision Makers In The State Share Transferred

The reform of the economic system in our country has exprienced more than thirty years, and now has entered a period of overcoming major difficulties and a deep-watter zone.The reform of State-owned enterprises is the core of the economic system reform, in 2013 the central committee of the communist party of China issued document-The Decision on Major Issues Concerning Comprehensively Deepening Reforms,in 2015 the central committee of the communist party of China and The State Council issued document-For Guidance on deepening the reform of state-owned enterprises and The State Council issued document Several solutions on the reform and perfect of state-owned assets management systemand so on, which all point out a direction of the classification regulation of state-owned enterprises,and divide state-owned enterprises into two broad categories which are Business class state-owned enterprises and Public class of state-owned enterprises by accurately defining the function of different state-owned enterprises.In the future state-owned capital will focus more on important industries and key areas which influence national security and national economic lifelines to provide more public products and public services.Establish a number of state-owned capital operating companies to management the state-owned capital's investment, promote the reform of the diversified ownership economy,and than there will have diversified shareholders in state-owned enterprises, therefore in the future state-owned equity will flow more frequent and more freedom,and than legislation should keep pace with the reform of state-owned enterprises, lead a series of the establishment of the supporting system and provide legal basis for the further implementation of reform. Business class state-owned enterprise's main goal is to realize the value of state-owned assets, there has no difference bettwn ordinary private enterprise and Business class state-owned enterprise, so it is necessary to establish a median-state-owned capital operating companybettwn goverment and state-owned enterprises for drawing lessons from the successful experience of international, the state-owned capital authorized by goverment represent to perform the responsibilities of investor of state-owned capital investment to prevent state-owned enterprises from the government's improper intervention,and Business class state-owned enterprises should apply<company law> for its private law characteristics,and than the transfer of its shares should be decided by state-owned capital operating company's freedly. Public class state-owned enterprise's goal is to maximize social benefit as an extension of the government's public functions,, so it should be still sponsor duties by the government, and build more strict double regulatory model for its particularities, its transfer of equity should be decided by Ministry of Finance first and than be approved by Goverment at Cabinet meeting, at the same time it still should be through transverse review by State Asset Management Commission, that is to say we need to reconstruct the legal status of State Asset Management Commission,and return to be a state assets regulator which leaded by the National People's Congress, State Asset Management Commission expatriate representative to the board of supervisors to supervise state-owned enterprises.