Legal Analysis Of Mixed-ownership Reform Of State-owned Enterprise

China's SOE reform has lasted for many years,during which the specific objectives and measures of reform are constantly changing,but the overall goal is consistent,that is,to effectively play the leading role of state-owned capital in the national economy and promote the development of the socialist market economy With the development of social economy,in recent years,the reform of state-owned enterprises has entered an important stage of mixed ownership reform,which is also a very critical period.Mixed reform means exploration and innovation.The relevant system design is not perfect,and new problems are constantly emerging.This paper hopes to explore the relevant issues affecting the mixed reform of state-owned enterprises,including the mode of mixed reform of state-owned enterprises and how to do it In order to avoid the risk of mixed reform,some ideas are provided to solve the problem of state-owned enterprise reform,that is,to carry out mixed reform in the way of restructuring and listing or employee shareholding,in order to prevent the loss of state-owned assets litigation;to improve the ownership structure of mixed ownership enterprises,and to avoid the risk of mixed reform.The article is divided into six parts.The first part mainly introduces the history of the reform of state-owned enterprises in China and the relevant historical background of the reform of mixed ownership of state-owned enterprises,and analyzes the objectives and existing problems of the previous reform of state-owned enterprisesIn the second part,according to the problems existing in the governance structure,operation and management of the state-owned enterprises,the author puts forward the necessity of the mixed reform of the state-owned enterprises,and the practical value of the mixed reform of the state-owned enterprises:the mixed reform of the state-owned enterprises is conducive to the de administration of the state-owned enterprises,the establishment of a good corporate governance structure,the learning from each other among different forms of ownership economy,and the better play of the state-owned economy to the national economy Leading role.The third part analyzes two cases of the reform of Japanese state-owned enterprises,analyzes the reasons for the successful reform of Japanese state-owned railway companies,summarizes the lessons of the failed reform of Japanese airlines,and puts forward the goal of mixed reform by comparing the positive and negative experiences,that is,to achieve the separation of state-owned enterprises from government and enterprises,and to establish a modern enterprise system.The fourth part makes clear the choice of two ways of mixed reform,one is the reform way of restructuring and listing,and makes clear the basic steps of restructuring and listing;the other is the reform way of employee stock ownership,which makes clear the nature and operation mode of employee stock ownership meeting,and proposes that no matter which way is adopted,it should be based on the improvement of modern enterprise system.The fifth part analyzes two kinds of risks faced by the mixed reform of state-owned enterprises.The mixed reform of state-owned enterprises mainly faces two kinds of risks,one is the loss of state-owned assets,that is,the risk of privatization,and the other is the risk that the rights and interests of private enterprises are restricted.The sixth part analyzes the measures to avoid the risk of mixed reform.In order to avoid the two risks of mixed reform,the author analyzes the causes of the risks,and puts forward the risk avoidance plan,aiming to clear and predictable system to eliminate the concerns of all parties on mixed reform,and promote the development of reform.