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The Research Of State-Owned Equity Transfer Legal Problems

Posted on:2017-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:L X YeFull Text:PDF
GTID:2336330488478069Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The third plenary session of the eighteen issued:“The decision of the CPC Central Committee on deepening reform of the overall number of major issues”put forward the actively promote the reform of mixed ownership, introduce the private capital to participate in the reform of state owned enterprises,to achieve equity diversification,improve employee stock ownership,These will inevitably involve the transfer of state-owned shares.Therefore,the transfer of state-owned shares is the reform of state-owned enterprises,state-owned assets management,listing corporation and the healthy development of the securities market in the process of the issues of concern.State ownership is a kind of power,National Center for authorized certain investment shareholders,investment by state-owned assets,the shareholders according to their proportion of the investment in the company to enjoy the benefits.The state-owned equity transfer must in the premise of compliance with laws,regulations and the national industrial policy,in accordance with the rules of market economy,make the state-owned stock free flow between the different industries and the enterprises.Company Law provides a legal basis for the regulations for China's state-owned equity transfer.For many years,we accumulated experience of state-owned equity transfer,but also exposed problems.On one hand,the state-owned equity transfer policy uncoordinated,unreasonable pricing mechanism leads to the transfer of the state-owned shares is not standardized,procedural confusion,the lack of market regulation mechanism resulting in a loss of state assets.On the other hand,also make the state-owned equity transferee's legitimate rights hard be protected.So,how to regulate the behavior of the transfer of state-owned equity,perfect the legislation,innovation of competitive bidding, to regulate the state-owned equity transaction and transfer procedures,strengthen market supervision, to prevent the loss of state assets is very important.
Keywords/Search Tags:The transfer of state-owned shares, Legal Issues, Legal Countermeasures
PDF Full Text Request
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