On The Legal Issues Of Authorized Operation Of State Owned Assets In China

In this paper,the concept of the state-owned assets is defined as a logical starting point,through the distinction between state-owned assets and state-owned property and state-owned capital,we first clarify the concept as "state-owned assets law" and the theory of state-owned assets have replaced by the state-owned property,leading to the state-owned assets has been "all right" to understand the state-owned assets,state-owned or understand from the angle of property assets.In fact,all ownership is a completely different concept,the state-owned assets should be invested in the enterprise state-owned property.In this context,through the analysis of the legal relationship between the authorized management theory and the authorized operation of state-owned assets subject to public law,private law and authorized representatives of the authorized is different,that the most significant is the authorized management sense of law authorization management,and private law demonstrates that the state-owned authorized operation the relationship between the legal relationship of trust,trust at the end of the authorized legal relations were analyzed.This paper is divided into five parts.The first chapter illustrates the importance of the management of state-owned assets and the current theory and practice China asset management problems,put forward authorized operation of state-owned assets is one of the main ways of state-owned asset management,the idea of this research is described.In the second chapter,the author discusses how to distinguish the state owned assets from the state owned assets,the state-owned assets and the state-owned capital.The third chapter focuses on the legal relationship of state-owned assets authorized management main body,detailed study on the authorized operation of state-owned assets relationship between the relevant subjects,that longitudinal authorized operation is public law,and strictly the authorized operation of state-owned assets should be on the private trust legal relationship.In the fourth chapter,the author analyzes the legal issues of the authorized operation of state-owned assets,and discusses the characteristics and problems of the authorized operation of the legal relationship of trust.The fifth chapter draws the conclusion and points out the direction of further research.The legal nature of authorized management of state-owned assets that is authorized to operate state-owned assets of the premise,but legislation and theorists have no clear understanding for authorized operation that should proceed from the removal of the loss of state assets and ownership of all fear.in fact,the authorized operation of state-owned assets is a two concept.The authorized operation of state-owned assets only changed the form of state owned property,and did not change the nature of state-owned assets belonging to the state,even if the authorized operation of state-owned assets requires ownership but does not affect the state-owned property ownership state.In the process of vertical authorized operation,it is authorized by the representative of public law,and in fact,the authorized operation in the strict sense is the authorized operation of the trust legal relationship of the horizontal meaning.Thus,for the separation of government and enterprises,state-owned assets management in the process of reducing administrative intervention,social property specific,whether it is two or three authorized operation of authorized operation will be authorized to operate state-owned assets as the legal relationship of trust is right and proper.