Constitutional Thinking On The Governance Of State-owned Enterprises

Under the socialist market economy system,the existence of state-owned enterprises has been proved to be feasible and necessary.For a long time,the reform of state-owned enterprises in China has taken "separation of government and enterprise" as the goal,and tends to build state-owned enterprises into ordinary enterprises.However,there is an essential difference between state-owned enterprises and ordinary enterprises.The fundamental attribute of state-owned enterprises lies in their publicity.On the one hand,the publicity of state-owned enterprises comes from its "origin",which is the product of state power and contains rich factors of public power;on the other hand,it comes from its right to possess,control and dispose of state-owned assets.The constitution is the fundamental criterion to restrict and regulate the state public power.From this point of view,the governance of state-owned enterprises is essentially the restriction and supervision of public power.The state-owned enterprise is a combination of public law and private law,which is located in the intersection of public law and private law.At present,the legislative level of the regulation of state-owned enterprises is generally not high,the system is not unified,and there is a lack of special legislation.The governance of state-owned enterprises often faces the problem of dislocation and absence of governance.The problem of state-owned enterprises is not only a problem of the current department law,but also needs to be solved at the constitutional level.From the perspective of constitutional law,this paper focuses on the fundamental attribute of the "publicity" of state-owned enterprises,and discusses the idea of "what is the state-owned enterprise in the Constitution?Why to study the governance of state-owned enterprises in the constitutional law?How to carry out the governance of state-owned enterprises in the constitutional law".The body is divided into five chapters,adopting a total sub structure.The first chapter discusses the constitutional basis of state-owned enterprise governance.First of all,the provisions of the constitution are the basis of all discussions in this paper.This part comprehensively and systematically grasps the concept of state-owned enterprises by combing the relevant provisions of state-owned enterprises,socialist public ownership,state ownership and state-owned economy in the constitution,and analyzes the particularity of state-owned enterprises on this basis,which refers to the particularity of its governance.Secondly,it is necessary to study the governance of state-owned enterprises at the constitutional level.This part is based on the previous integration of the basic theory of state-owned enterprises,and discusses the contradictions in the relevant systems of state-owned enterprises(public property rights and private property rights)and the power alienation problems in the operation process of state-owned enterprises.The second chapter lists the governance principles of state-owned enterprises from the perspective of constitutional law.At the beginning of this chapter,the concept of "economic constitution" is introduced.Several principles of state-owned enterprise governance are introduced through the economic constitution,including the principle of power restriction,the principle of power supervision,the principle of equality to allow reasonable differential treatment,and the principle of public interest.Some major principles can be further refined.These principles run through the governance of state-owned enterprises,and play a leading role in the governance of state-owned enterprisesFrom chapter three to chapter five,it discusses the different governance modes of state-owned enterprises in different situations,which have different emphasis on the embodiment of governance principles.When state-owned enterprises participate in the market competition,their governance mainly embodies the principle of equality;when they are in the vertical power structure,their governance mainly embodies the principle of power restriction(power restriction)and power supervision;as the main body of information disclosure,their governance mainly embodies the principle of power restriction(power restriction)and power supervision.In addition,because the state-owned enterprises take publicity as their fundamental attribute,the principle of public interest is closely related to every governance mode.