Improvement Of The Legal System Of State-owned Assets Supervision Under The Background Of Classified Reform

The State-owned Assets Supervision and Administration Commission(SASAC),as an institution to fulfill the responsibilities of state-owned assets investor,its function construction is the core content of the legal system of state-owned assets supervision and administration.Since the 18 th National Congress of the Communist Party of China,the state promulgated the "Guidelines on Deepening the Reform of State-owned Enterprises"(2015),and enacted 22 supportive documents of classification reform,functional transformation,improvement of the modern enterprise systems,and strengthen supervision of the state-owned assets,formed the "1 + N" of state-owned enterprises reform policy system.Among them,the classification reform is not only the premise and foundation of deepening the reform of state-owned enterprises,but also puts forward a new task of classifying the functions of SASAC and improving the legal system of state-owned assets supervision and administration.Based on the "Law on State-owned Assets of Enterprises" and "Interim Regulations on the Supervision and Administration of State-owned Assets of Enterprises " of the carding and empirical research,the author found that in the current legal system of the state-owned assets supervision,SASAC as a structure connecting ecosystem and individuals at the center of the link,there is the special " agencies " legal position is not clear,the investor power boundary is not clear,the problem such as security administration management,the existence of these problems,restricting the development of state-owned enterprises,also has caused the academic circles and the public widely questioned.To this end,the author based on the classification to deepen the reform of state-owned enterprises reform system of extraterritorial experience design,theoretical research and analysis,points out that the classification is designed to balance the dual goal of state-owned enterprises reform system provides the path choice,also for the change of state-owned assets supervision and administration function provides the basic to follow,and points out the classification reform system design in the content of the regulation subject and regulation,social regulation and legislative regulation of four aspects,such as insufficient and its reason.Finally,put forward the classification reformunder the background of content of the regulation subject and regulation of state-owned assets,regulation and social regulation improvement,and surrounding the tube capital give priority to promote the change of state-owned assets supervision and administration function,shaping business class state-owned enterprise market main body status,to ensure that the business enterprise independent production and operation activities in accordance with the law,and to ensure the public service companies realize the extension of government functions,improve the efficiency and ability of public service,puts forward the state-owned assets supervision and administration of the classification of business and public service enterprise specific legislative proposals of regulatory functions.