Research On The Legal Regulation Of The Risk Of Mixed Ownership Reform Of Local State-owned Enterprises

Due to the important status and special role of state-owned enterprises in China's national economy,the reform of state-owned enterprises has always been the main position of China's economic system reform.Since the Third Plenary Session of the18 th CPC Central Committee proposed to comprehensively deepen reforms and actively develop mixed ownership,a new round of state-owned enterprise reform has begun rapidly,and provinces,cities,and local state-owned enterprises have thoroughly implemented the spirit of the “Central Communist Party Central Committee's Decision on Comprehensively Deepening Reform”.Actively carry out the reform of mixed ownership of local state-owned enterprises.However,due to differences in the regulatory bodies of central and local SOEs,the size of enterprises,the areas involving the national economy,and specific management models,the mixed reforms of local SOEs have neither been guided by special laws and regulations and complete supporting systems,nor have they succeeded.The model can be copied.Therefore,the reform of local SOEs has the characteristics of complex processes,strong policy nature,and adjustments involving multiple stakeholders,which may cause multiple risks in the process of mixed reforms of local SOEs.Against this background,the establishment of a legal mechanism for prevention and control of risks related to prevention and control has become the key to steadily promoting the improvement of local state-owned enterprises.The thesis is guided by Comrade Xi Jinping's thoughts on risk prevention and control.The local state-owned enterprise mix in Tianjin is changed to a research sample.The risk list analysis method is used to sort out and analyze the various risks that may be faced by the local state-owned enterprise mix and reform process and their risk causes.And put forward suggestions to establish a legal mechanism to prevent and control local state-owned enterprises' mixed reform risks.The thesis mainly discusses from four parts: The first part mainly defines the related concepts of the local state-owned enterprise mixed reform,and explains the necessity of the local state-owned enterprise mixed ownership reform and the theoretical basis of risk prevention and control.The second part takes Tianjin as an example,analyzes the current situation of the reform of mixed state-owned enterprise' local ownership,and combs the system and policies of mixed state-owned enterprises at the central and local levels to point out the current problems of mixed state-owned enterprises.The third part uses the risk list riskmethod to sort out and analyze the three types of risks(legal risks,operational risks,and management risks)and 17 specific risks and their causes.The fourth part proposes to build an integrated full-process risk prevention and control mechanism for pre-event prevention,mid-event monitoring and post-event handling in view of the above risks.In terms of precautions,it is proposed to establish qualification access standards for non-state-owned capital to participate in mixed reforms,improve legal due diligence procedures,establish a risk list system and establish a risk pre-plan system;Establish a sound employee placement system,establish a risk tracking and early warning mechanism,and establish a complete information disclosure mechanism;in terms of post-event risk handling,it is necessary to establish a state-owned enterprise mixed reform risk fund and a complete modern enterprise system,establish a mixed reform enterprise exit mechanism,and establish reform risk accountability mechanisms,etc.,to ensure that the mixed reform of local state-owned enterprises goes smoothly.