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The Study On The Legal Regulation Of The Privatization Of The Public Utilities

Posted on:2018-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:H R HanFull Text:PDF
GTID:2346330542988157Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The privatization of public enterprises has both pros and cons,but from the macro view,there is more benefit than the harm.The reform will bring the benefit to all sectors of the national economy and market operator.Disordered development will lead to the stagnation of the reformation,the lack of institutional security will affect the privatization of public enterprises.In more than 30 years of China’s privatization reform of public enterprises,the private capital has participated deeply in the field of public utilities and economic construction.While the public have been urgent for the improvement of the legal system to the public enterprises privatization.The legal regulation of privatization of public enterprises has been practical and great significance to promote the privatization reform in our country.Since the economic reform in 1990s,with our economy growing rapidly,and the standards of political and cultural life raising fast,the privatization of China’s public enterprises have developed in the reformation.However,in the process of implementing the privatization reform of public enterprises,it is necessary to establish a long-term and sound regulatory system to ensure the reformation of public enterprises.Based on the theory of economic law and market regulation,this paper tries to analyze the existing problems of legal regulation system in the process of the reformation of the private enterprise privatization,and delve its reformation route and put forward suggestions for improvement.State-owned public sector having low operating efficiency does not match with the rapid development of the market economy,which resulting in a heavy burden on the national finance.The traditional concept which is "the public enterprises are equal to the state-operating enterprises"get a strong shock.Therefore,the state began the reformation of the public enterprise privatization,the first step is to carry out the trial in the local provinces,then try to explore a balance between" stimulate the competition among the public enterprises" and "safeguard the welfare benefits of the public".This article will be written from the vertical and horizontal angles.From the vertical angles,the article tries to sort out the development process of the privatization of China’s public enterprise.And this paper makes a systematic study on the system of civilized legal regulation of public enterprises from the perspective of historical research and comparative research,from the question to the researching,and at last the problem being solved.Then this article clearly points out the existing problems and the development of the legal regulation of the privatization of public enterprises in China,and finally puts forward the suggestions on perfecting the legal regulation of the privatization of public enterprises in China.Based on the new perspective and new content of the research,this paper starts from the improvement of the legal system of public enterprise privatization,and from the direction of market regulation law.This article summarizes the pros and cons from the practice of our country’s reformation,aiming at trying to improve the privatization’s regulation of public enterprises,and propose rational countermeasures and recommendations.In addition to the introduction of this article,this article is mainly by the following four parts:The first part is an overview of the privatization of public enterprises.This part mainly aims at clarifying the basic problems related to the legal regulation of public enterprise privatization,laying the foundation for the later discussion.The author basically elaborates from the concept definition,the basic principle of the regulation,the essential mode,the process of the development and the necessity of legal regulation.Thus the author tries to clarify the theory’s basis and practical significance of the legal regulation of the public enterprises privatization.The second part is about the present situation and existing problems of the legal regulation of the public enterprises privatization in China.The author summarizes the relevant regulations on the privatization of public enterprises from the legislative provisions,administrative regulations,departmental rules and so on,the author try to analyze the current situation of the privatization of public enterprises in China,and then puts forward the existing issues about the lack of security and regulatory system of the privatization of public enterprises in China.The third part is about the foreigner legal regulation of the privatization of public enterprises and the enlightenment to our country.This part aims to analyze the legal system of the privatization and regulation of the public enterprises by comparing the foreign countries,like the Britain,the United States,Japan,Korea,and draw lessons from the successful experience of the legal regulation of the privatization of public enterprises.It is a constructive significance for the public enterprises privatization in China.We should establish a diversified property right structure,promote the public and private cooperative system of public service,establish an incentive competition mechanism and construct an independent regulatory institution.The fourth part is about the suggestion of the perfecting legal regulation of the privatization of public enterprises in our country.This part is the focus of the paper.It aims at improving the legal regulation of the privatization of public enterprises in China from four aspects.And the author advocates the construction of a comprehensive legal system and establishing a clear and transparent market accessing mechanism,and establishing a sound regulatory system of the legal mechanism to ensure fair competition.With the deeper privatization reformation,the development of public enterprise privatization is imperative.The legal regulation of public enterprises is not only a market control,the contest of control and freedom,but also the integrated game between the national capital and private capital,and also between internal environment and external environment.Therefore,there is no doubt that the legal regulation of privatization is the fundamental guarantee for the implementation of public enterprise reformation.
Keywords/Search Tags:public enterprise, privatization, regulatory agency, price control, public supervision
PDF Full Text Request
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