Study On The Legal Issues Of Party Organizations Participating In The Governance Of State-owned Companies

The party organization is embedded in the corporate governance structure,and the party organization's legal status in the corporate governance structure is defined and implemented,so that party organizations can participate in the governance of state-owned companies according to law.This is an important measure to bring the leadership of the party into the orbit of the rule of law and to standardize the leadership of the party to state-owned companies by law.It is of great practical significance to deepen the reform of state-owned enterprises,improve the governance mechanism of state-owned companies,optimize the governance structure of state-owned companies and make up for the disadvantages of market competition of state-owned companies.Based on the national conditions of China's basic political system and economic system,it is necessary for party organizations to participate in the governance of state-owned companies,which is an irreversible trend of The Times.The power source of party organizations to participate in the governance of state-owned companies is legitimate,and participation conforms to the governance law of state-owned companies,and participation exists objectively.Party organizations can also play a role in the governance of state-owned companies.Of course,in the process of party organizations participating in the governance of state-owned companies,there is the problem of inadequacies in the legal provisions that authorize Party organizations to participate in the governance of state-owned companies;The problem of inadequate legal provisions of the Party organizations specifically involved in the governance of state-owned companies;The Inadequacy of the Legal Provisions of Party Organizations in Performing Supervision Functions in State-owned Companies;The problem of the party organization's responsibility to participate in the governance of state-owned companies is insufficient.Therefore,it is necessary to perfect legislation in a targeted way to innovate the legislative path for party organizations to participate in the governance of state-owned companies.In view of the lack of deep understanding of how the party organizations organically integrate with modern enterprise systems,legislation should not stipulate hurriedly on the statutory status of party organizations in the governance structure of state-owned companies.Instead,it should give state-owned companies more room for innovation.The company explores and tries through the charter,and after the experience gained,the mature system is gradually written into law.In the legislative process,we must pay attention to the fact that the design of the legal system for party organizations to participate in the governance of state-owned companies should be in line with history.It should be advancing with the times and should meet the special requirements of corporate governance.In terms of legislation,it is'necessary to improve the legal provisions that authorize Party organizations to participate in the governance of state-owned companies.Improving the legal system concerning the specific participation of party organizations in the governance of state-owned companies,including adhering to and perfecting the system of"two-way entry and cross-servicing",that is,confirming the"two-way entry,cross-servicing”system in the legislation,clearly defining active qualifications,and determining the ratio of two-way appointment.Create a joint conference system for party committees and board meetings,and a joint conference system for the Commission for Discipline Inspection and the board of supervisors.Improve the decision-making and supervision mechanisms in company law.Improve the legal supervision system in which the party organizations participate in the governance of state-owned companies,and improve the legal liability provisions for party organizations to participate in the governance of state-owned companies.