Research On The Legal Issues Of The Loss Of Foreign Assets In China

Economic cooperation into the 21 st century world economic exchanges, the theme of the overseas investment and transnational operation nature has become the inevitable trend of contemporary world economic development. In China since 1979 the establishment of the overseas enterprises, in order to adapt to the development of The Times and with international legal environment, in the business and regulatory also formulated a series of laws and regulations. In most of China’s overseas investment of state-owned assets of enterprises for state-owned enterprises in our country, in order to make the state-owned enterprises in overseas investment there is legal protection, in 2011 our country issued "interim measures for overseas state-owned assets supervision and administration of central enterprises", for the state of overseas state-owned assets management puts forward the guidance, to a certain extent, also do the legalization of the management of state-owned assets overseas. Though, China’s state-owned assets abroad gradually into a rising trend, also has related the methods provide a legal basis, however, in 2015, the state overhaul, still appear a large number of state-owned enterprises because of various reasons resulting in the loss of state-owned assets abroad. For example, a typical sinopec outside the loss of state-owned assets. Such cases occur frequently in the management of overseas assets, to protect the state-owned assets abroad complete forward problem, thus preventing the loss of state-owned assets abroad has become the problems need to be solved in the process of economic development in our country.This article mainly through the state-owned assets supervision and administration and related report data sorting, combined with the literature on the basis of reading and case collection, outside of our country, summarized the ways and reasons of the loss of state-owned assets and the summary, from the Angle of law, put forward to solve the problem of loss of state-owned assets abroad, establish a relatively perfect legal system of the loss of state-owned assets abroad, to ensure the integrity of overseas state-owned assets, promoting the healthy development of China’s state-owned assets abroad.For legal problem of the loss of state-owned assets abroad, this paper study from the following aspects: first, the first part is the introduction, this paper introduces the selected topic background and the meaning of the article and the article, the research method and difficult point and the innovation points, learn from foreign research status quo in terms of theoretical foundation, and also introduces the status quo of our country for the overseas state-owned assets.Secondly, the article second part is the concept of the state-owned assets abroad, and summarized its characteristics and delineate this paper is to study abroad the operational assets of state-owned enterprises, and through the data to introduce the development of the state-owned assets overseas. The third part of the article from the aspects of subject, object, behavior to introduce overseas loss of state-owned assets, and points out that the existing form, the loss of state-owned assets abroad and the present situation of the loss of state-owned assets abroad now.Again, the article fourth part expound the theoretical basis of overseas state-owned assets management. In theoretical basis, mainly divided into property rights theory and entrust theory. The article fifth part of cao Chen Jiulin event, China Hong Kong san-jiu group, TCL mergers Thomson case, chinalco’s Rio tinto case analysis of the loss of state-owned assets outside the territory of the people’s existing way is divided into five kinds: enterprises operating illegal way, foreign direct investment way, personal detinue way, way of decision-making errors, asset appraisal way. The sixth part is the article summarized the reasons of the loss of state-owned assets abroad, overseas practice defining the hard times, the system of state-owned assets investment risk difference resulting in the loss of state-owned assets abroad and foreign state-owned assets outside the protection of the relevant laws and regulations, imperfect, loss of state-owned assets of those responsible for the lack of effective accountability mechanism.Finally, the article 7 parts from the aspect of legislation, judicature and other external supervision is put forward to solve the problem of loss of state-owned assets abroad, to provide basis for the management and protection of the state-owned assets abroad and practical significance.