An Analysis Of The Transfer Contract Of State-owned Assets On The Violation Of The Legal Processes

The legal processes for the transfer of state-owned assets include the evaluation process,the entering assets and equity exchange process and the approval process.The scope of state-owned assets which should be applied the legal processes includes the share rights owned by institutions performing the functions of investors and the properties of state-funded enterprises.The legal processes are mandatory rules.The judgment methods of whether mandatory rules can lead to invalidity of contracts are determining the purpose of rules,analyzing the interests which are protected by the purpose,measuring the interests and examining by using the principle of proportionality.To analyze the effect of transfer contracts which violate the approval process,we should use the provisions of the Contract Law on approval.The purpose of the evaluation process is to prevent the loss of state-owned assets.The price determined by the evaluation procedure is the standard to test whether the state-owned assets have been damaged or not.The purpose of the evaluation process is to protect the interests of the state.The result of interest measurement is that the interests protected by the purpose is more important.After reviewing by using the principle of proportionality,the purpose can be realized only by negating the validity of the transfer contract.The transfer contract of state-owned assets that violates the evaluation procedure is invalid.The purpose of the entering assets and equity process is to prevent the loss of state-owned assets and to advance the layout and strategic adjustment of the state-owned economy.Through this legal process,the transfer price of state-owned assets can be maximized or the state-owned assets can be transferred to the most qualified assignee.The interest protected by entering assets and equity process is the national interest.It is necessary to negate the validity of the contract by measuring the interests.After reviewing by using the principle of proportionality,negating the validity of contract is the only way to achieve the purpose.The transfer contract of state-owned assets that violates the process is invalid.The approval process plays the same role as the approval rules in the Contract Law,and the object of the process is the resolution of the transfer of state-owned assets.The approval process establishes the special effective conditions for the transfer contract of state-owned assets.If the legal special effective conditions are not met,the contract is in an ineffective state.The validity of a transfer contract of state-owned assets that violates the approval process is not effective.In the effective transfer of state-owned assets,the processes of approval,evaluation and entering assets and equity exchange play a role in turn.The problems existing in the legal process system for the transfer of state-owned assets are the ambiguity of the scope of state-owned assets which the legal procedure should be applied,the ambiguity of the object of the approval process,the ambiguity of the object of evaluation and the lack of conditions for the authority to redefine the price.Suggestions for perfecting the legal transfer procedure are expliciting the scope of state-owned assets which the legal procedure should be applied,to explicit the object of the approval process,to explicit the object of evaluation,and to increase the conditions for the authority to redefine the price.