Research On The Legal Issues Of Profit Distribution Of State-owned Enterprises Under The Guidance Of People S Livelihood

Since 2007,when the profits of state-owned enterprises were restored to the State Treasury,the relevant reforms have gone through more than a decade.Looking back on the gradual reforms over the past decade,we can see that although the reforms have taken a big step,however,the subsequent progress was short of the overall design idea,the reform process was extremely slow,and after more than a decade of operation,a series of problems emerged,which seriously affected the rational operation of profit distribution of state-owned enterprises,as the ultimate owner of state-owned enterprises,the citizens can not enjoy the dividends of the development of state-owned enterprises.In order to give full play to the role of state-owned enterprise profit distribution in ensuring and improving people's livelihood,it is the key to solve the problem at present to bring the whole process of state-owned enterprise profit distribution into the orbit of rule of law.This paper,guided by the protection and improvement of people's livelihood,makes an innovative study on the legal issues of profit distribution of state-owned enterprises from five parts.The first part is to sort out the relevant literature about the profit distribution system of state-owned enterprises,to summarize the domestic and foreign scholars' viewpoints,and to grasp the research status as completely as possible.The second part is about the analysis of the basic theory part of this paper,and makes clear the basic definition of the profit distribution of state-owned enterprises,from the theory of Distributive Justice and the value orientation of profit distribution of state-owned enterprises,we can understand the legal principle foundation of the state-owned enterprises' profit distribution to the people's livelihood,and fully understand the necessity and feasibility of profit distribution of state-owned enterprises.The third part combs the present situation of the profit distribution legal system of state-owned enterprises in our country,clarifies the problems existing in the profit distribution legal system of state-owned enterprises under the guidance of people's livelihood,the legal basis of people's livelihood expenditure is lacking,and the reasons for the lack of financial guarantee in the respect of ensuring andimproving people's livelihood in the distribution of state-owned enterprises' profits are analyzed from the perspective of the first distribution,mainly including the small scope of the state-owned enterprises' profits to be turned over and the unreasonable proportion,etc.,from the perspective of redistribution,this paper analyzes the problems existing in the profit expenditure of state-owned enterprises under the guidance of people's livelihood,mainly including the prominent problems of the people's livelihood expenditure,and the lack of the linking-up mechanism with the general public budget and the Social Security Fund budget,etc.,people's livelihood-oriented profit distribution of state-owned enterprises and the absence of social public supervision and responsibility restraint mechanism is not sound.The fourth part,using the method of comparative study,compares the profit distribution system of state-owned enterprises in the United States,Singapore,Norway and France,from the angle of primary distribution and redistribution,this paper analyzes the institutional experiences of the state-owned enterprises in the above four countries in ensuring and improving people's livelihood.The fifth part,on the basis of the above-mentioned analysis and foreign experience,makes clear the basic principles of perfecting the legal system of profit distribution of state-owned enterprises under the guidance of people's livelihood,aiming at the above-mentioned problems,to improve the legal system of profit distribution of state-owned enterprises under the guidance of people's livelihood,mainly including upgrading the legislative level,clear the legal basis of people's livelihood expenditure;To ensure the people's livelihood finance through the expansion of the subject scope and the legalization of the proportion of profits,to improve the legal mechanism of the state-owned enterprise profit expenditure,to protect the public supervision through the disclosure system of the state-owned enterprise profit distribution;The strengthening of legal responsibility and the establishment of relief mechanism.