Research On The Legal Issues Of The Supervision Of The State-owned Assets Supervision And Administration Commission

Market economy is economy ruled by law.Standardize legally the exercise of SASAC supervision power is the inherent requirement of the market economy,and is also an inevitable trend of further reform in state-owned enterprises.To solve the problem of absence of owner,it established the State-owned Assets Supervision and Administration Commission(SASAC),which is positioned as a mechanism to fulfill the responsibilities of investor by existing legislation.However,in actual operation,the SASAC exercise the function of administrative supervision in addition to the function of investor.lt has dual identity of investor and regulator,leading to function conflict and role disIocation.Because of the SASAC has not · an accurate functional positioning,it has broad powers.Meanwhile,effective supervision and restriction for the SASAC supervision power is lacking in existing law.The SASAC is likely to cause abuse of regulatory powers in the process of the SASAC exercise supervision powers.In order to solve these problems,avoid the loss of state assets,maintain normal social and economic order,it is necessary to further improve the regulatory governance mechanism of SASAC.Through method of logical reasoning,analyze main problems and their causes in the course of the exercise of SASAC supervision power,to determine the breakthrough of improving the exercise of SASAC supervision power.Through method of comparative analysis,learn excellent experience from state-owned assets supervision and administration agency exercise supervision power in foreign countries,and put forward some specific recommendations of improving the exercise of SASAC supervision power.lt takes specification exercise of SASAC supervision power as research target.In addition to the introduction and conclusion,the main content and ideas are as follows:First,through analyzing the concept and features of SASAC supervision power and its content,accurate understanding the connotation and extension of SASAC supervision power.And further analyze the legitimacy of the SASAC supervision power,to provide the logical premise for subsequent study.Next,it analyzes the main problems existing in the process of exercising SASAC supervision power.This part points out some legal issues existing in the process of exercising SASAC supervision power,such as functional position of the SASAC supervision is not accurate,lever of SASAC supervision transparency is low,and effective accountability mechanism is lacking for the exercise of SASAC supervision power.Meanwhile,it carry out specific analysis of causes of these problems.Then,for the main problems existing in the process of exercising SASAC supervision power,it analyze excellent experience of state-owned assets supervision and administration agency exercise supervision power in developed countries,in order to provide a reference for improving the exercise of SASAC supervision power.Finally,for the main problems existing in the process of exercising SASAC supervision power,and combined with excellent experience of state-owned assets supervision and administration agency exercise supervision power in developed countries.It put forward some specific recommendations of improving the exercise of SASAC supervision power:1.adjust the function positioning of the SASAC,the SASAC is positioned as regulator rather than investor,and established state-owned asset management companies to exercise the responsibilities of investor;procedural rules of the exercise of SASAC supervision power;2.enhance transparency of SASAC supervision power,such as improve transparency of SASAC supervision,perfect information disclosure.system and hearing system of supervision;3.improve accountability mechanisms for the exercise of SASAC supervision power;safeguard independence of the SASAC supervision power and so on.