Research On The Legal Issues Of Authorized Operation Of State-owned Capital

This paper studies the legal issues involved in the authorized operation of state-owned capital.The reform of the authorized management system of state-owned capital plays a positive role in improving the management system of state-owned capital in our country,vitalizing the vitality of state-owned capital,optimizing the allocation of state-owned capital,standardizing the management mode of state-owned capital,improving the operation efficiency of state-owned capital and realizing the maintenance and appreciation of state-owned capital.It is the central link of the reform of state-owned enterprises at this stage.However,in the reform process of several decades,due to the influence of multiple factors,the reform is still not in place,there are still many problems such as the separation of government and enterprise,management confusion,unclear authorization,insufficient supervision,imperfect governance structure and so on,which affect the overall process of the reform of state-owned enterprises.The party's 19th congress report pointed out that "we should improve the management system of all kinds of state-owned assets and reform the authorized management system of state-owned capital."Under the guidance of this theory,on April 19,2019,the State Council issued the Plan for Reforming the Authorized Management System of State-owned Capital.On June 3,the same year,the State-owned Assets Supervision and Administration Commission issued the List of Authorized Management System of State-owned Assets Supervision and Administration Commission of the State Council(2019 Edition),indicating that the reform of the authorized management system of State-owned capital in China has ushered in a new stage.Under this background,this article through to the state-owned capital authorization management reform road carries on the complete combing,the clear authorization relations,summarizes the historical experience,and on this foundation finds the present stage authorization management system reform the undertaking point,strives for to the state-owned capital authorization management system reform can "grant accurately,receives well",proposes the constructive suggestion.This paper is divided into four chapters.The first chapter elaborates the basic theory of authorized operation of state-owned capital.First,the theoretical basis and legal and policy documents for the reform of the authorized operation system of state-owned capital are clarified.Secondly,through the research on the foreign state capital management model,we find out the experience which is worth learning for our country.Once again,by summarizing the development history of authorized operation of state capital,the historical background and development status of the implementation of the system are sorted out.Finally,through the research on the necessity and feasibility of authorized operation of state-owned capital,it provides the legitimacy and rationality basis for the reform of authorized operation system.The research object of the second chapter is the various subjects and their relations under the authorized management system of state-owned capital.Through the main body orientation,the respective function and the mutual relation grasp,constructs our country state-owned capital authorization management complete frame.Chapter three summarizes the current situation and existing problems of the authorized operation system of state capital.First,the authorization subject,scope,method and exercise of power within the framework of authorizedoperation are defined.Secondly,the existing two-level authorization model and three-level authorization model are analyzed to find out their advantages and disadvantages.Finally,it summarizes and analyzes the six core problems existing in the current system,such as the separation of government and enterprise,the unstraightened human relations,the quality of operating personnel to be improved,the obvious differences in capital operation status,the ambiguity of authorized operation contract,and the insufficient stability of authorized operation.The fourth chapter aims at the construction and improvement of the authorized management system of state-owned capital.In order to establish the authorized operation system of state-owned capital,it is necessary to distinguish the different requirements of competitive industry and non-competitive industry,so as to aim at the target.In order to improve the authorized operation system,we must carry out the principle of classified authorization on the whole,balance the relationship between "putting well and managing well",improve the construction of laws and regulations,and formulate long-term strategies.Aiming at competitive industries,we should establish a modern enterprise system and abolish the administrative level of state-owned enterprises completely.We will accelerate the reform of mixed ownership.We will further promote market-oriented and commercialized operations of state-owned enterprises.For non-competitive industries,we should strengthen the supervision and change the supervision method.To pursue benefits to the maximum extent on the basis of ensuring security and stability;We must always uphold the overall leadership of the party,enhance the cohesion and competitiveness of enterprises with the spirit and will of the party,energize state-owned capital,and firmly grasp the trend of world development and seize global opportunities.