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On the perfection of the legal system of the state-owned assets transfer

Author: LiNa
Tutor: XuXiaoSong
School: China University of Political Science
Course: Economic Law
Keywords: Loss of state assets The transfer of state-owned assets Analysis of the legal system And perfect the legal system
CLC: F123.7
Type: Master's thesis
Year: 2011
Downloads: 45
Quote: 0
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Abstract


The state-owned economy to a dominant position in China's national economy, and to provide protection to the maintenance of the country's basic economic system, to promote the development of the socialist market economy, is the material basis of the socialist market is perfect and the source and guarantee the development of the socialist market economy. In recent years, with the changes in the international and domestic economic situation in order to better adapt to the development of China's market economy, according to China to build scientific economic layout and the strategic adjustment of the Chinese government put forward the reorganization of state-owned capital, optimize the industrial structure the development of ideas. Many state-owned enterprises through the restructuring of the road has been the development of a leap, and obtained more development space the mode successfully listed in the part of the enterprise with the restructuring in the capital market, and thus realize the fundamental task of increasing the value of state-owned assets. However, with the deepening of the reform of state-owned enterprises, the phenomenon of loss of state assets is becoming more and more prominent, is growing rapidly. The loss of state-owned assets, has become an the troubled enterprise reform and development is an increasingly serious problem. Go into the reasons, it is not difficult to find, the main part of the loss of state assets occurred in the restructuring of state-owned enterprises in the process of transactions with related parties, the transfer of state-owned assets. Among them, the state-owned asset transfer involving the interests of investors, creditors, businesses and workers, and many other, involving corporate and social stability, involving capital verification, asset defined, outgoing audit, asset evaluation, placement of workers, the credits and debts entering transactions and other legal issues, including the economic, civil, and administrative complex legal relationship is a policy highly complex projects. October 28, 2008, the fifth meeting of the 11th Standing Committee of the National People's Congress passed the state-owned Assets Law of the People's Republic of China (hereinafter referred to as the \The law has established state-owned assets supervision and management system, clear the performance of state-owned asset investor institutions and authority and responsibility, and clarity of the organizational form of the state-invested enterprises, standardize the selection and assessment of the state-funded business managers, to sort out the enterprise significant matters of the relationship between restructuring and related party transactions, asset valuation, the transfer of state assets and state-owned assets of the investor interest in the rights and obligations, the establishment of a state-owned capital operation budget system, strengthen the supervision of state-owned assets. \Transfer of state-owned assets, the state-owned assets law \The transfer of state-owned assets, its causes, improve the legal system and other aspects related to the transfer of state-owned assets theory. Discusses the process, I focus on the theory and practice of combining the appropriate use of the process of the transfer of state-owned assets in the actual case, the property rights of state-owned assets such as bribes, low-cost disposal of state-owned assets, not entering transactions, management irregularities acquisition list , concealment and misappropriation of state-owned enterprises, the transfer of the former assets, before the transfer is not in accordance with the regulations of state-owned assets evaluation of the transfer of state-owned assets in the common phenomenon of loss of state assets, in an attempt by careful study of these phenomena and to think deeply and find out what caused the loss of state assets the causes of, and given the author's solution to the problems related systems that regulate the transfer of state-owned assets, the development of a comprehensive system of accountability, in order to further promote China's state-owned assets management, especially in the legal process of the transfer of state-owned assets and reform of state-owned enterprises restructuring work, promote operational efficiency of state-owned assets to enhance the force of its own modest contribution to the rapid development of China's state-owned economy.

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CLC: > Economic > The world economic profiles,economic history,economic geography > China's economy > National economic plan and its management > State-owned asset management and evaluation
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