On The Enterprise Law Path Of The Party Organization Embedding Corporate Governance Structure Of State-owned Enterprises

At the 2016 national party construction work conference of state-owned enterprises,General Secretary Xi Jinping pointed out:“The establishment of a modern enterprise system is the direction of state-owned enterprise reform,the modern state-owned enterprise system with Chinese characteristics is characterized by integrating party leadership into all aspects of corporate governance and enterprise party organizations are embedded in the corporate governance structure.”Strengthening party organizations' leadership over state-owned enterprises and giving play to their political core and leadership role has become an important task for state-owned enterprises to actively explore.In order to embed the party organization into the governance structure of state-owned enterprises and legal persons,the top-level design of the legal system should be carried out,which should be included in the scope of the rule of law of the enterprise,and its legal status and scope of authority should be clarified.With this as the starting point and purpose of the thesis,the main contents of this article include:First of all,the rationality of the embedded governance structure of state-owned enterprises in the party organization is clarified.Mainly discusses the legitimacy of the embedded party organization from the aspects of the relationship between government and enterprises,the political nature of state-owned enterprises,and the positioning of party organizations in the governance structure of state-owned enterprises;secondly,it analyzes the embedded governance structure of state-owned enterprises in party organizations and the necessity of being incorporated into the rule of law of enterprises.By analyzing the current operating mode of state-owned enterprises,it is found that they have "insider control","the rights and interests of small and medium shareholders are difficult to be effectively protected",and "ignoring the protection of the rights and interests ofstakeholders",and the built-in party organizations can rely on their information advantages as well as coordination advantages,it has a positive effect on the solution of the above problems,and the central government has put forward political requirements for the governance structure of state-owned enterprises to embed party organizations in state-owned enterprises.Therefore,the embedding of party organizations satisfies the needs of state-owned enterprise autonomy and central political arrangements.At the same time,only when the party organization embeddedness is included in the regulation scope of the company law and other relevant enterprise laws,can it provide legal basis for embeddedness and be supervised at the same time of embeddedness;once again,the embedded party organization must exercise part of the decision-making power to grasp the political direction,coordinate the interests of all parties,and make good use of people;while embedding,it must not conflict with the current corporate rule of law and with state-owned enterprises The value orientation of the company is suitable;on the other hand,the choice of embedded method should be based on the difference between public interest and competitive state-owned enterprises.Centralized and decentralized embedded methods should be adopted;finally,it should be clear that party organizations are governed by state-owned enterprises.The legal status in the structure,the scope of its authority,the supervision system and the method of accountability.