The Conflict Of State-owned Shares Between Public And Private Law And The Return Of Private Law

State-owned equity holds a considerable proportion of China's state-owned assets.It highlights the influence that cannot be ignored for economic development.With the reform of state-owned enterprises,especially the deepening of reforms from the perspective of the management system,the purpose and purpose of the initial establishment of state-owned equity have been basically achieved,but at the same time there are still many deficiencies.Domestic and foreign scholars have made many achievements in the research on state-owned equity,but most of them have only conducted specific analysis on specific issues and that is limited to superficial issues of the study.Few studies have focused on deep-seated and comprehensive issues,such as state-owned equity,nature,content and specific exercise.In fact,the lack of understanding and research has also led to the current lack of a systemic regulation that specifically regulates and restricts the exercise of state-owned equity rights at the legal level.The paper analyzes the existing state-owned equity exercise model,analyzes the attributes of state-owned equity,explores the problems existing in the exercise of state-owned equity at the current stage,and analyzes the causes of conflicts between public and private law.Based on the literature analysis method,comparative analysis method and qualitative analysis method,it provides some reference reform suggestions for solving the conflict between public and private law in the exercise of state-owned equity.First,in conjunction with the existing exercise model,we will explore ways and means of exercising state-owned equity in current practice.It is undeniable that state-owned shares differ greatly from common equity in the specific exercise of their rights.This requires us to attach great importance to it.Under such circumstances,how to correctly understand the conflicts between public and private law arising from the exercise and how to limit the exercise of rights in the scope of private law is extremely significant.At the same time,the impact on social development is also self-evident.In the current state-owned enterprises,the indirect and direct modes are the main ways for the state to exercise this right,and there are strict steps and content restrictions.Due to the special function of state-owned stock rights and the economic system with Chinese characteristics,the exercise of state-owned stock rights no longer stays within the scope of private law,but there is interference from public power,resulting in conflicts between public and private laws.Secondly,the analysis of the causes of the conflicts between public and private law mainly includes the following aspects: First,analyze the existing attribute disputes over state-owned equity,and analyze the state-owned equity from the perspective of the nature of equity based on the nature of the equity,and then proceed.Demonstrating the definitionof private property is the most appropriate.State-owned shares and general shares are private rights,but compared with general shares,state-owned shares have extremely significant differences and differences.Based on this,the exercise of state-owned equity has become one of the more difficult issues in the "post-stock reform era." Secondly,it elaborates on the existing misplacement and offside situation in the exercise of existing state-owned equity,mainly including the excessive social function in the exercise of state-owned stock rights,the exercise of public power in place of state-owned stock rights,and the oversight and management methods that are too public.Whether the rights of state-owned equity can be actively and effectively used,or whether it can rely on the law to make full use of the effectiveness of state-owned equity and be reasonably regulated in a timely manner,will directly affect the development trend of China's actual economic construction,so clarify the state-owned equity The reasons for exercising the conflict between public and private law can better realize the return of state-owned equity in private law.Finally,it is the return path of private law exercised by state-owned stocks,which is a reference reform proposal for the conflict between public and private law in the exercise of state-owned equity.In response to the issue of the exercise of state-owned equity,three reform proposals are proposed: First,the right to return.Through the redefinition of the investor's identity,the shift in the focus of state-owned enterprise reforms,and the guarantee of the operational autonomy of state-owned enterprises,the previous situation in which the government intervened in business operations has changed.Second,through the conversion of state-owned stocks into preferred stocks,the use of restricted voting rights in preferred stocks circumvents the involvement of public powers,and proposes relevant measures for the protection of stockholders rights after the conversion of state-owned stock rights into preferred stocks.Third,the use of state-owned equity trusts.Including the introduction of state-owned equity trusts,the need for state-owned equity trusts to be exercised in state-owned enterprises,and at the end,putting forward restrictions on the exercise of trusts to reduce the occurrence of negative conditions.If the detailed and scientific research on the relevant content of state-owned equity,it will undoubtedly promote the development of related legislative undertakings,promote social progress,and be able to interpret the significance of the existence of state-owned shares in China to the greatest degree.