Research On Asset Supervision Mechanism Of State-owned Enterprises

Taking public ownership as the main body,the common development of multiownership economy is the basic economic system of our country.The object of ownership corresponding to public ownership is state-owned assets.Public ownership mainly includes two forms: the ownership by the whole people and collective ownership.Among them,the ownership by the whole people is the basic form of public ownership,which determines the nature of China's economic system and economic system.In China,stateowned assets mainly include public welfare or non-profit state-owned assets controlled or managed by state organs,organizations,and operational assets embodied in the form of property ownership of state-owned enterprises.On the basis of discussing the related theories of state-owned assets and property rights,this paper makes an empirical study on the supervision system of state-owned enterprises.With the continuous advancement of reform and opening-up and the maturity of the socialist market economy with Chinese characteristics,marked by the adoption of the systematically revised Company Law at the 18 th meeting of the Standing Committee of the National People's Congress on October 27,2005,it means the basic construction of the modern enterprise system in China from the beginning of the legislation in 1993.With 20 years of reform and the development of market economy,the system has entered a mature period.Compared with the company law of 1993,the company law revised in 2005 has many institutional innovations,such as the establishment of one-person limited liability company system,the provisions of the principle of disregard of corporate personality,the company capital system,the shareholder representative litigation system,the objection shareholder equity acquisition system,the dissolution and liquidation system of the company,and so on.Improvement of relevant legal system.However,in view of the particularity of solely stateowned companies,the Company Law has formulated a special section on solely stateowned companies,with a total of seven articles providing for the establishment of solely state-owned enterprises and the relevant functions and powers of investors,board of directors and board of supervisors.According to the definition of the sole state-owned enterprise in the Company Law,it can be clearly seen that the shareholders of the sole state-owned enterprise are the first level shareholders of the state.However,because of the conceptual nature of the state's internal relations,they match the organizational structure and administrative level of our government and derive the second level and more levels of state-owned shares.East.Through the authorization relationship,at present,China's actual representative of state-owned shareholders' rights is through the State Council or local governments.In order to achieve the supervision and management of state-owned assets,the central and local "State Assets Supervision and Administration Commission"(SASASASAC)has been established and passed by law.The form of authorization is "state shareholder rights".Thus,the supervision and management of state-owned assets in our country is based on the special government departments authorized by the state as the main body of supervision,combined with the implementation of the supervision duties and functions,a series of laws,regulations,rules and even government documents have been formulated to implement the supervision of state-owned assets or property rights.The subject nature of supervisory subject is the mixed subject of administrative power and shareholder's right.Due to the special power setting and inherent limitations,there are still many problems in the actual operation and implementation of the supervision system.In order to study the supervision system of state-owned assets,this paper combs the theory of assets and property rights,combines the problems existing in the history and current situation of the development of the supervision system of state-owned assets in China,and analyses the reasons for the problems,and puts forward that individuals should match the existing supervision system of state-owned enterprises' assets.Problems in the legislative system of supervision system.At the same time,through learning from foreign theories and systems of supervision of state-owned assets,this paper puts forward some suggestions on improving the existing supervision system and related legislation.The more constructive suggestions include: 1.Perfecting and solving the problem of misplacement of state-owned enterprises' asset investors,establishing and improving the social supervision mechanism;2.Perfecting the relief ways and related mechanisms of state-owned enterprises' assets and loss of rights and interests;3.Perfecting the governance structure of state-owned enterprises and giving full play to the effective operation of the governance structure;4.Perfecting the state-owned enterprises' governance structure;In order to play an effective role in the mechanism,we should combine the requirements of the Party Central Committee and the State Council for the whole people to promote the rule of law,effectively promote the rule of law,and improve the legislative system of state-owned enterprise supervision.