Study On The Legal Definition Of "State-owned Enterprises"

For a long time,there has been no written law defining "state-owned enterprises" accurately in China.The understanding of state-owned enterprises is more widely seen in laws,administrative regulations,departmental rules and normative documents.Due to the different historical stages,legislative contexts and applicable objects at the time of promulgation,these norms are numerous,messy,of different levels and are contradictory to each other.As a result,it is difficult for the society to have a unified and accurate judgment mechanism for "state-owned enterprises.This situation often leads to confusion in practical operation,which is not conducive to strengthening the supervision and management of state-owned enterprises,nor is it conductive to safeguarding the rights and vitality of non-state-owned enterprises.This paper mainl analyzes the concept of state-owned enterprises,introduces the existing normative documents on the definition of state-owned enterprises and related conflicts and their causes,and finally puts forward the important concept of "state-owned enterprises" and the corresponding norms of further legislation to improve the relevant suggestions.The paper is divided into three parts:In the first part,the concept of state-owned enterprises is introduced.Firstly,the definition of state-owned enterprises in foreign countries and regions is mainly divided into three categories: enterprises controlled by the central or federal government,enterprises invested by the government up to or over 50% and enterprises actually controlled by the government although not up to 50%.Secondly,the concept of state-owned enterprises in China is sorted out from "state-owned enterprises".The process from "national operating enterprise" to "enterprise owned by the whole people" to "state-owned enterprise" is the progress of the concept of "assets" to "capital".On this basis,this paper introduces various academic viewpoints of different scholars on the evolution and development of the concept of state-owned enterprises in China and the concept of state-owned enterprises.The second part focuses on the obstacles to accurately define the concept of state-owned enterprises in practice.The main reasons are that the existing normative documents have different definitions of the concept of state-owned enterprises,and the appellation of state-owned enterprises does not fully reflect the inherent defects of the economic nature and organizational form of enterprises,and that different normative documents have their own legislation.Conflicts arise from different contexts,which makes it impossible to define the concept of state-owned enterprises accurately.The third part focuses on how to improve the legal definition of the concept of state-owned enterprises.Firstly,this paper analyses the reference direction of defining the concept of state-owned enterprises,introduces the new changes and trends of corporate governance system,and on the basis of this puts forward the legislative ideas of defining the concept of state-owned enterprises should be based on the grasp of "right of control" and "right to earnings",and finally proposes to state-owned enterprises as "government departments,agencies and institutions funded wholly state-owned enterprise(company),as well as the unit,the aggregate shareholding to 100% of the state-owned enterprise directly or indirectly wholly owned enterprises and the unit,individually or jointly financed,combined with the proportion of voting rights or profit more than 50%,and one of them as the biggest shareholder,And the sub-enterprises at all levels whose capital contribution,voting right or usufruct ratio exceeds 50%”.We hope to provide the thinking direction for the further research in this field.