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The Legislation and Perfection of China’s State-owned Assets

Author: XiaoXiaoLi
Tutor: ChenQiWei
School: Nanchang University
Course: Economic Law
Keywords: The business state-owned assets Asset loss Current legislation Perfection of legislation
CLC: F123.7
Type: Master's thesis
Year: 2010
Downloads: 153
Quote: 1
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Abstract


Along with the development of the economic system reform, the state-owned assets have been lost largely, which is associated with the lagged legal system construction of China’s state-owned assets management. Although the implementation of The People’s Republic of China Enterprises State-owned Assets Law plays an important role in controlling the loss of the state-owned assets, it still has some limitations. Among them, the most serious loss is the business state-owned assets, which is caused by imperfect assets evaluation mechanism, deficient property right trading legislation, imperfect operator’s incentive and constraint mechanism, lack of supervision, irresponsible relevant subject check, non-formal information disclosure, the "black case work", lagged property management, disorganized benefit allotment so on and so forth. In order to reduce or fundamentally control the loss of the state-owned assets, we have firstly to perfect legislation to adjust the business state-owned assets management system and carry out "unified capital contribution, classification operating" on management assets. Secondly, we should formulate some higher-level law, modify the relevant laws and regulations to establish a strict civil responsibility punishing system, establish an effective incentive and constraint mechanism, perfect the information disclosure system, establish the state-owned property right trading information report system, build the system of the state-owned assets, strip completely the supervision and administration of the state-owned assets department to make it become a "clean" investor and perfect and strengthen the protection of the criminal law of the the state-owned assets. Thirdly, we will establish public interest litigation system and open up the path of benefit relevants to safeguard rights.

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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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