Research On Legal Issues Of Property Right Transaction In State-owned Enterprises

In January 2019,the spokesperson of the State-owned Assets Supervision and Administration Commission of the State Council,while referring to the work of state-owned enterprise reform this year,stated that constant deepening of the reform of state-owned capital remains an important matter of concern in the national economic operation.Property rights transaction is a way for a state to guarantee efficient use of social resources in the market economy,and to promote competition and adjust the economic structure.Property rights transaction of State-owned enterprises is the most flexible market allocation method that combines state-owned assets and social resources.The diversified structure of property rights is the inevitable result of deepening of state-owned enterprise reform,and also changes the state-owned industrial structure.On the premise of complying with national economic policies and laws and regulations,the state as an investment entity authorizes other specific entities to become shareholders of the company in the form of state-owned assets investment.The legal issues concerning the property rights transactions of state-owned enterprises involve legal issues related to property rights in substantive Iaw and procedural law.These issues mainly include subject,behavior,and system.Starting from three important national property rights trading markets of Beijing,Tianjin and Shanghai,the paper analyzes its historical development background,extended service scope,innovative trading methods and representative property rights cases.Through the analysis of the case injudicial practice,the significance of the establishment of the system of priority purchase rights is explained.However,the inconsistence of application of the law poses a great potential danger to state-owned assets,and fails to meet the needs of complex disputes injudicial practice,provides a research topic for many scholars.This paper analyzes the procedures of property rights transactions of state-owned enterprises,summarizes the incompatibility of relevant policies and regulations in the legal environment and the defects in the measurement of property value in the market environment,equity transfer behavior,procedures,supervision,etc.The paper explains the internal causes of the above defects,and puts forward solutions to improve the legislative system,to innovate bidding forms,to standardize trading procedures,to strengthen multi-party supervision,and regulate the behavior of state-owned enterprise property rights transactions.This paper will draw lessons from the extraterritorial legislation and jurisprudence of countries and regions where the property rights market is developed,select legislation that conforms to China's national conditions,promptly make up for legal loopholes,and formulate laws in this respect.The introduction of detailed implementation regulations has made our country's laws international and further improved.