Research On The Relationship Between Party And Enterprise In State-owned Enterprises Under The Rule Of Law

The relationship between the party and the enterprise is an important content of"Chinese characteristics" in the enterprise system of our country."Special" is particularly involved in the party organization's participation in the governance of state-owned enterprises,and through various working mechanisms to play the political core role.State-owned enterprises not only embodies the ruling party of the Communist Party,but also reflects the nature of China's socialist public ownership,is an important support force of the socialist system.The relationship between the party and the enterprises not only involves the economic system,but also involves the political system.Because of the nature of our socialist country and the leading position of the Communist Party as the ruling party,the party organization has long been"unified" leadership of enterprises,making the party-enterprise relations more complicated.Since the reform and opening up,the reform of state-owned enterprises has been deepening,and the functional orientation of the Party organizations in the enterprises has also changed.First,it is the "core of leadership" and "political core".Although there are principled provisions for the functions of the party organization,the detailed implementation details are missing.With the reform of the Third Plenary Session of the Eighth Central Committee and the Fourth Plenary Session of the Eighteenth Central Committee put forward to comprehensively promote the rule of law,the reform of state-owned enterprises into the deep water area,the relationship between the party and the enterprise more and more prominent in the context of the rule of law The needs of the times.Under the background of deepening reform and comprehensively administering the country according to law,how to rationalize the relationship between party and enterprises has become the subject of serious and serious treatment.In the reform of state-owned enterprises,it is necessary to strengthen the party's leadership of state-owned enterprises,but also the party organization and corporate governance structure integration,which not only need to be innovative in theory,but also need to actively explore in practice.The purpose of this paper is to demonstrate the necessity,legitimacy and the principle of rule of law in the existence of party organizations in state-owned enterprises.It is necessary to follow the principle of the rule of law in classifying the relationship between the party and the enterprise.This article is divided into five parts to discuss the relationship between the state-owned enterprises and the state-owned enterprises under the rule of law.The first part is the origin of the problem,mainly led to the issue of party-enterprise relations,and the definition of relevant concepts,as well as from the traditional point of view to study the relationship between party and state information to sort out.The second part is from the rule of law as the principle of corporate governance to discuss the relationship between business and the rule of law.It mainly introduces the historical evolution,the foundation of the thought and the value of the rule of law in corporate governance.In essence,the enterprise is not only an economic organization,but also a legal system design.This system design on the one hand to the enterprise to provide internal governance framework to improve operational efficiency,on the other hand is the regulation of corporate behavior,restraint enterprises in the framework of the system operation.The third part is the analysis of the legal status of the party organizations in state-owned enterprises.This paper mainly discusses the relevant provisions of the existing laws,the inner-party regulations and the normative documents on the relationship between the party and the enterprise in the state-owned enterprises,and analyzes the Company Law of the People's Republic of China(hereinafter referred to as the "Company Law")from the aspects of necessity and legitimacy")Article 19 of the relevant provisions of the rationality.Article 19 of the Company Law establishes the legal status of the existence of the Party organization in the enterprise.Its necessity is embodied in the necessity of political necessity,economic necessity,social necessity and organizational necessity.Its legitimacy is embodied in formal legitimacy Aspects,but also reflected in the substantive aspects of legitimacy.In the form of legitimacy,the law,the party laws and regulations and normative documents and the articles of association to provide legitimate support;in terms of substantive legitimacy of economic performance legitimacy and basis fit legitimacy.The state-owned enterprises are in line with the socialist system infrastructure of our country.The form of state-owned enterprises is embodied in the public ownership of the means of production.It embodies the ownership of the working class politically and is the important material foundation and mass basis of the Communist Party's ruling.The fourth part is the system design of state-owned enterprises in state-owned enterprises.Firstly,it points out the design of the relationship between the party and the enterprise in the state-owned enterprises under the current system and the problems existing in practice.These problems are mainly embodied in the aspects of the blurring and weakening of the functions of the party organization,the decision-making rules of the party's enterprises and the conflict of the employing rules.For improving the design of the relationship between the party and state enterprises in the state-owned enterprises to improve the strategy:First,a reasonable positioning of party functions;Second,from the "Company Law",party regulations and regulatory documents to make up the legitimacy of the system;Once again,improve the working mechanism,reform the party's decision-making and employment mechanism,pay attention to the work of the masses,play a leading role in the enterprise in the enterprise,and guide the masses to actively contribute their own development to the development of enterprises,and protect the party's policies and policies in the implementation of the enterprise,Supervise the management of enterprises in accordance with the law,prudent decision-making.