Research On The Legal Issues Of The Transfer Of State-owned Equity In China

At present,China is in the process of deepening reform in various fields.In the field of economic reform,the adjustment of industrial structure is an important part of the new normal of economy.In the reform of state-owned enterprises,one of the important means is the transfer of state-owned shares.This behavior itself means the fluctuation and change of the state’s shareholder status in the enterprise,as well as the increase and loss of state-owned assets.Therefore,we should take a positive and prudent attitude to face the problems in practice and seek effective specific solutions.The sound development of state-owned equity transfer requires further legal regulation and improvement of the mechanism of state-owned equity transfer.This paper mainly uses five chapters to describe,define,explain and analyze this content.The ultimate goal is to put forward specific solutions to the problems in the process of state-owned equity transfer.In order to achieve this goal,first of all,we need to elaborate the research background and significance of state-owned equity transfer,clarify the research methods and innovation points of this paper,and discuss the research framework of this paper.On this basis,it defines the basic concept of state-owned equity from the perspective of theory,analyzes the characteristics of state-owned equity transfer,and discusses its unique legal attributes and value functions.Based on the conceptual elaboration of the transfer of state-owned equity,this paper further analyzes the transfer of state-owned equity by law,which mainly focuses on the rights and interests of the transfer subject and the equity transfer contracts with different effectiveness levels.Next,the paper expounds the problems in the transfer of state-owned shares,including the fuzzy legal relationship of the transfer subject,the lack of relevant legal system and the lack of supervision system.On this basis,this paper draws on the experience of foreign countries’ equity transfer system,mainly analyzes the institutional provisions and practical experience of some countries such as Britain and Japan.In the last chapter,this paper puts forward the specific countermeasures to solve the related problems,through the construction of strict civil liability mechanism,price evaluation system and adjustment mechanism of evaluation results for illegal practice of evaluation institutions;clear the legal relationship between the subjects of state-owned equity transfer;improve the specific supervision mechanism of state-owned equity transfer in China,including increasing external supervision,giving full play to civil rights protection The positive role of institutions,etc.