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Legal Issues of State-owned Assets’ Protection in Backdoor-listing

Author: ZhuYan
Tutor: ZhangZhongYe
School: East China University of Political Science
Course: Legal
Keywords: BACKDOOR-LISTING ASSET RESTRUCTURING STATE-OWNED ASSETS OUTFLOW PROTECTION
CLC: D922.28
Type: Master's thesis
Year: 2010
Downloads: 158
Quote: 0
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Abstract

This article proposes necessity of legal issues that associated with protection of state-owned assets. In Chapter One. Legal problems of state-owned assets’protection are exposed by the increasing of backdoor-listing. There are numerous state-owned assets are washing away in the backdoor-listing. State-owned assets are the backbone of our economy, but till now, no one has counted the losing of it. In other words, it has not been given sufficient attention. To prevent the outflow, it is important to discuss the protection of state-owned assets in section two and three, there are the ways and reasons of outflow. The outflow not only exists during backdoor-listing, but also continued after it. The reason is that the imperfect law of state-owned assets and uncoordinated with other laws. Therefore, we should establish a specialized law system to protect the state-owned assets and consummate other laws which related to backdoor-listing.In chapter two, there is the analysis of existing law that associated with the protection of state-owned assets. There is only one law about protection of state-owned assets that is the people’s republic of china state-owned assets law. All the rest are administrative regulations. In order to stop the outflow in backdoor-listing, we must rely to the control that ruled by law, and establish a set of laws. Chapter three proposed a solution with three sections:I. Improve the specialized lawImprove the land allocation system, makes sure the state-owned assets are compensated enough. Reinforce the management of earnings that come from state-owned assets, prevent the state-owned assets from outflow. Steady prior review of backdoor-listing.II. Adjustments the backdoor-listing by lawsConsociate laws of asset evaluation to rule the assessment agencies. Refine the system of bankruptcy laws. Make sure there are some laws to rule the appertaining of profit and loss that come from state-owned assets. Establish the status of securities regulatory commission in law enforcement of securities, so that it can supervise the backdoor-listing continuously, independently and effectively.III. Continue the protectionLegislate the principle of“Debt Goes With Assets”, and improve the bankruptcy guarantee system. Then mobilize all the people to protect the state-owned assets.In short, state-owned assets’protection in backdoor-listing involves many aspects, it is a comprehensive, systematic, coordinated system. Protection of laws can not stay on the surface. Learn from more successful practices of foreign, we can finally find a legal basis to protect in backdoor-listing.

Legal Issues of State-owned Assets’ Protection in Backdoor-listing

Abstract

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