Research On The Legal Issues Of The Loss Of Assets In China In The Reform Of Mixed Ownership

In 2013,the decision on several major issues of comprehensively deepening the reform pointed out that the mixed-ownership economy should be vigorously developed.Subsequently,the central and local governments issued a series of documents to promote the mixed-ownership reform of state-owned enterprises,and the reform of state-owned enterprises in China has entered a new stage dominated by the mixed-ownership reform.Before that,China's state-owned enterprises have undergone many reforms.Although mixed ownership reform has been explored,the overall effect of the reform is not good.One important problem is that with the implementation of the reform,a large number of cases of loss of state-owned assets have occurred.At present,there is still the risk of loss of state-owned assets in the mixed-ownership reform.General secretary xi jinping proposed that the key to the mixed-ownership reform is "detailed rules" and "openness and transparency".In the process of mixed ownership reform,it is necessary to improve the legal system of state-owned assets,provide legal basis and guarantee for the implementation of mixed ownership reform,strengthen the management of state-owned assets,and prevent the loss of state-owned assets from happening again.Based on the connotation of mixed ownership reform,on the basis of analysis of the mixed ownership reform the current mode,the reform process of China have explored the necessary assets in the form of,found and summarizes the mixed ownership reform in the loss of state-owned assets of legal issues,and according to these legal problems,put forward in the process of reform should be from the perspective of legal norms mixed ownership reform,explore the legal measures to prevent loss of state-owned assets.This paper consists of the following six parts:The first part is the introduction.This part expounds the research background of this paper,and analyzes the contributions and shortcomings of existing research results at home and abroad through sorting out relevant literatures.On this basis,it puts forward the research emphases,difficulties,innovations and research methods used in this paper.The second part is the mixed ownership reform.This part firstly defines the connotation of mixed ownership reform from the perspective of "public-private mixture" and probes into the current mode of mixed ownership reform in China,and expounds the significance of mixed ownership reform.Secondly,according to the existing legal provisions of the state-owned assets and the connotation of the loss of state-owned assets are analyzed.The third part is the mixed ownership reform.Combined with the mixed ownership reform assets loss connotation and mixed ownership reform of China's current mode,existing in the perspective of mixed ownership reform of state-owned assets loss problem,sum up out of the mixed ownership reform China has different forms of asset loss,namely the trading loss of state-owned assets and institutional loss of state-owned assets.The fourth part is the legal reasons for the loss of assets in China due to mixed ownership reform.This paper mainly makes a necessary analysis of China's current relevant legal system,and analyzes the absence of the current relevant legal system in preventing the loss of assets in China's mixed-ownership reform,so as to clarify the legal reasons for the loss of state-owned assets in the mixed-ownership reform.The fifth part is the foreign mixed ownership reform to prevent the loss of state-owned assets system analysis and reference.Due to the different state systems,the reform of state-owned enterprises in foreign countries mainly focuses on privatization,and mixed ownership will appear in the early stage of privatization reform.The sixth part is the improvement of the legal system to prevent the loss of state-owned assets in the mixed-ownership reform.In view of the problem of the loss of state-owned assets in China's mixed ownership reform,based on China's actual situation and drawing lessons from foreign legislative experience,this paper puts forward legal measures to prevent the loss of assets in China's mixed ownership reform from a legal perspective.