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Case analysis and legal thinking about urban collective enterprises property rights disputes

Author: LuZuo
Tutor: LiuYunSheng
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: collectively-owned enterprises in cities and towns dispute of propertyrights case analysis solutions
CLC: D922.291.91
Type: Master's thesis
Year: 2012
Downloads: 27
Quote: 0
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Abstract


With the development of market economy, issues of ambiguity of property rights, rigidmechanism and weak competitivity in market submerged in collectively-owned enterprises incities and towns. Most of collectively-owned enterprises in cities and towns established inspecial historic period initiated enterprise restructuring in order to get rid of the troubles.According to the requirements of relevant policies in our country for restructuring ofcollectively-owned enterprises in cities and towns, such enterprises shall make inventory ofproperty and make an accounting of funds, and clarify property rights. During the process ofmaking inventory of property and making an accounting of funds, and clarifying propertyrights, due to particularity and ambiguity of property contribution for collectively-ownedenterprises in cities and town,a lot of property disputes regarding property ownership ofcollectively-owned enterprises in cities and towns occurred among collectively-ownedenterprises in cities and towns, the government and state-owned enterprises who incorporatedthem, it becomes a major issue in reform and development of collectively-owned enterprisesin cities and towns. But due to the divergence of opinions in academia and practical cycleregarding collectively-owned enterprises in cities and towns, and weak policy and legislation,the property disputes in court in respect of collectively-owned enterprises in cities and townscan not be properly settled timely and the legitimate property of collectively-ownedenterprises in cities and towns can not be protected and it may cause the evasion ofstate-owned property. Through a typical case analysis of such property dispute, the articleexplores the dilemma of ownership of property rights in collectively-owned enterprises incities and towns, Furthermore,the article,by combination of other domestical cases andrelevant research, explores, in theory and in practice, the establishment and development ofcollectively-owned enterprises in cities and towns, existing major problems,and the causesand types of disputes of property rights of such enterprises, and lastly, advances thesuggestions and solutions for such disputesThe article consists of four parts.The first part presents the cases，analyzes the focalpoints of dispute and advances the theory thinking.The second part summerizes theestablishment and current development status of collectively-owned enterprises,explores the concept, legal characteristics, and analyzes the development trend and existing majorproblems of collectively-owned enterprises. The third part defines the major types of propertyrights disputes of collectively-owned enterprises in cities and towns,explores the causes andorigins of such property rights disputes and advances the shortcomings of theory explorationand defaults in legislation.The fourth part advances thinkings and suggestions, it explores,through case analysis, the necessity to improve the legislation in respect of property rights forcollectively-owned enterprises in cities and towns, and suggests to bring into play the role oflegal interpretation in judicial pracitice with the aim to resolve the property rights disputes ofcollectively-owned enterprises in cities and towns.

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