Study On The Application Of Dual Class Share Structure In The Mixed Ownership Reform Of State-Owned Enterprises

In the process of economic system reform,the reform of state-owned enterprises is a very important link.In the course of the development of the state-owned enterprises,the economic benefit is the first criterion of our countryundefineds commercial state-owned enterprises.The public welfare state-owned enterprises pay more attention to the development of the country and society,and pay more attention to the benefit of the whole society.After the reform of mixed ownership,if the non-state-owned capital holds the control of the enterprise,driven by the profit-driven non-state-owned capital,it will not be willing to pay attention to and invest in low-yield projects and areas in the short term.Then the public interest state-owned enterprises face the loss of control rights,social responsibility can not realize the risk of aggravation and so on.The ownership of the control right of the public welfare state-owned enterprises is not only related to the development of the national economy,but also to the progress of the society and the prosperity of the country.Starting from the problems faced in the reform of the state-owned enterprises of public interest,this paper analyzes the existing ownership system and finds out the advantages of the double-layer ownership structure in the reform of the state-owned enterprises of the public interest.This paper analyzes the legal obstacles and legal problems arising from the introduction of the double-layer ownership system into the public interest state-owned enterprises,and designs from many aspects to ensure that the double-layer ownership structure can be applied in the reform of the mixed ownership of the public welfare state-owned enterprises.This paper first analyzes the problems faced by the public interest state-owned enterprises in the reform,then defines the double-layer ownership structure and analyzes the advantages of its application in the reform of the public welfare state-owned enterprises.Thirdly,this paper analyzes the basic legal problems of the application of the double-layer equity structure in the public interest state-owned enterprises,and finally puts forward some suggestions for the application of this structure.This paper is divided into four parts:The first part of the reform of state-owned enterprises through the process of exploration,so that must be classified reform.Then focus on the analysis of the public interest state-owned enterprises,in the mixed ownership reform it will face the control of the side,social responsibility can not be realized and the conflict between shareholders and other issues.The second part makes a comprehensive study on the concept and institutional value of the double-layer ownership structure.Through the analysis of the application of preferred shares and gold shares in the reform of the public welfare state-owned enterprises,the problems faced by the public-service state-owned enterprises cannot be solved.Then we get the advantage of double-layer equity structure in the reform of public-interest state-owned enterprises.The third part is about the feasibility of applying the double-layer stock right in the current legal system and the legal problems of voting right,supervision,shareholder conflict and judicial relief in the application of this structure in the public-service state-owned enterprises,and aiming at these problems.This paper analyzes the system feasibility of applying the double-layer ownership structure to the public welfare state-owned enterprises.The fourth part aims at the third part of the problem,from the existing legal system to find the double-layer ownership structure applicable and legal space,and then separately from the voting rights,internal and external supervision and judicial relief and other aspects of the design,So that the double-layer ownership structure can be better applied in the public welfare state-owned enterprises.