Research And Design On The Legal System Of Professional Managers In State-owned Enterprises

With the continuous development of market economy,the reform and adjustment of state-owned enterprises(SOE),which is the backbone of national economic development,has always been an important part of national strategic development.The reform of stateowned enterprises has been taken for a long history,however,the task of reform has not been completed and it has entered the deep water area.In November 2013,many directions of SOE reform were pointed out in the Third Plenary Session of the 18 th CPC Central Committee and the establishment of professional manager system in SOE was firstly proposed.Since then,due to the promulgation of a series of document policies,the promulgation and trial implementation of the corresponding administrative normative documents of SASAC,the practice of reform pilot and,the construction of professional manager system has became an important part of SOE reform.The development of the professional manager system in the state-owned enterprises also brings many legal problems.However,at present,the number of research materials and documents of the professional manager system in the SOE are not enough and the quantity of those materials are uneven.The research of legal issues is even less,and compared with the continuous promotion of reform,the current legal research is in a relatively backward stage and none of the legal issues have been resolved.Therefore,firstly,based on the current reform node,the author analyzes that why the professional manager system was pushed as the reform of SOE,the necessity of the practice of the professional manager reform and the design of the legal system.Then,focusing on the legal concepts and legal status of the normal manager,the professional manager,the professional manager of SOE,the differences among these three managers are defined and it gets the results,the professional manager of SOE is one kind of special managers,which become the foundation of the following legal research.Then,the author makes a depth analysis of the professional managers rights and obligations in the SOE,not only studies the current legislative status,but also discusses the lack of relevant legislation about rights,obligations and responsibilities in pushing the process of professional manager system.The competitive SOE,SOE managers and the professional manager will be especially discussed.Next,based on the uniqueness of the professional managers in the SOE,the author will focus on the incentive and restraint mechanism of the professional manager,and thoroughly grasp the relevant legal issues of the professional managers in the SOE.Four kinds of incentive mechanisms,salary,insurance,equity and spirit,and four kinds of restraint mechanisms,market,system,law and organization,will be discussed to ensure the effective implementation of the professional manager system in the competitive SOE.Finally,based on the analysis and research above,the author designs and put forward the relevant legal system of the professional manager in SOE,and has made a comprehensive and constructive conception from the five modules,the premise of the design of the legal system,the design of the legal system of rights,the design of the legal system of obligations and responsibilities,the mechanism of incentives and constraints,and other auxiliary systems.These five modules are used to make the lack of law stage up and make some effort on theory designing and practice of the follow-up legal research,and from which to promote the reform with the rule of law and realize the positive interaction between reform and legislation.