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Research On The Protection Of The Rights And Interests Of The Private Investors Under The Mixed Ownership Reform Of Stateowned Enterprises

Posted on:2018-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:W L LiangFull Text:PDF
GTID:2346330518453107Subject:legal
Abstract/Summary:PDF Full Text Request
Driven by the top-level policy design and the state-owned enterprises' needs for survival and development,the mixed ownership reform of these enterprises has become an inevitable choice for this round of State-owned Enterprises Reform.To promote the mixed ownership reform,the initiative of the private investors must be fully aroused.However,presently the protection of the rights and interests of the private investors under the mixed ownership reform of state-owned enterprises has many shortcomings,and relevant researches are limited.To deal with the problem,researches should be carried out under the current situation,and the protection of the rights and interests of the private investors shall be strengthened under the guidance of theories.After posing the problem and conducting analysis accordingly,this thesis analyses the barriers to the protection under the mixed ownership reform of state-owned enterprises,from such aspects as concept,cognition,system and external environment.In addition,through the introduction of relevant experience and lessons,this thesis,highlighting the problems existing,put forwards a path for system construction in the protection of the rights and interests of the private investors under the mixed ownership reform of state-owned enterprises,from such aspects as property right protection,corporate governance,equal rights,right relief,external environment and employee rights.In addition to "Introduction" and "Conclusion",this thesis includes four parts:The first part introduces the concepts in the protection of the rights and interests of private investors in the mixed ownership reform of state-owned enterprises and poses the problem to be discussed.Through clarifying the concepts of state-owned enterprises,the mixed ownership reform of state-owned enterprises and private investors as well as the protection of their rights and interests,the research scope and focus are defined.On this basis,the thesis puts forward its focus,namely how to find a resolution to the clash between the intensive mixed reform and the tepid private capitals,in other words,how to better protect private investors' rights and interests in the mixed ownership reform.The second part discusses the necessity of protecting the rights and interests of private investors in the mixed ownership reform of state-owned enterprises.Compared with the historical roles,political relations and capital advantages of the state-owned enterprises,private capitals are weak and are often not willing to cooperate with the strong.Because of its nature to seek profit,however,private capitals also want to maximize their investment benefits in the mixed ownership reform.To realize the goal,their worries of being encroached or even and emptied should be dispelled through institutional norms.The third part analyses the barriers to the protection of the rights and interests of private investors in the mixed ownership reform of state-owned enterprises.The mixed ownership reform is a systematic project,which generates many factors contributing to the plight of investor protection.Among these factors,there are essential ones,including culture,institutional environment,awareness,etc.,and other ones,including the cognitive bias and limiting ideas in the investor protection,the deficient institutional norms,the immature external environment,etc.All of these form the obstacles to the protection of the rights and interests of investors in the mixed ownership reform.The fourth part discusses the system construction for the protection of private investor under the mixed ownership reform of state-owned enterprises.Through the analysis of barriers and the experience for reference,many of the original practices can contribute to the system construction for the protection.However,many of these practices can only provide rule of thumb,but are deficient in inherent institutional framework.Therefore,in order to better play their roles,they should be promoted and formed into legal rules.This part put forwards a path for system construction in the protection of the rights and interests of the private investors under the mixed ownership reform of state-owned enterprises,from such aspects as property right protection,corporate governance,equal rights,right relief,external environment and employee rights,so as to stimulate the initiative of private capitals.
Keywords/Search Tags:the mixed ownership reform, state-owned enterprises, private investors, balance of interests
PDF Full Text Request
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