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The Captital Providers Location of the Supervisory Committee of the State-owned Assets and the Perfection of the Legal Systems

Author: ZhuYu
Tutor: ZhouXiongWen
School: Xiangtan University
Course: Economic Law
Keywords: SASAC Investor Regulators Perfection of the Law
CLC: D922.291
Type: Master's thesis
Year: 2008
Downloads: 329
Quote: 7
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Abstract


The legal system is the premise of state-owned assets supervision and the rule of law, a run-mature regulatory authorities of the state-owned assets management and operation of state-owned assets plays a fundamental guidelines, norms, protection and incentives. Set up specialized agencies to achieve the solely state-owned assets supervision is international practice. Relative to the terms of the private ownership of the Western developed capitalist countries, China has a number of far more a huge operational state-owned assets, along with the pace of the reform of state-owned enterprises in China, the Chinese state-owned assets supervision agencies repeatedly change. In 2003 with the establishment of the Chinese State-owned Assets Supervision and Administration Commission (SASAC), China finally formally established solely from the state-owned assets management institutions. In practice, not have the SASAC to solve all the problems of China's state-owned assets management system. From the date of the establishment of the SASAC in 2003, either in the theory or in practice, controversy and discussion on the issue of for SASAC legal positioning has never stopped. This indicates that the build around SASAC related to a series of legal system is not yet perfect, or has problems building the legal system is running. First, there is controversy in the understanding of the nature of the SASAC, the immediate ad hoc bodies, \SASAC agency understanding of the nature of the most essential. Second, the lack of legal subjects qualified SASAC in economic activities litigation activities there are also a lot of inconvenience. In addition, academic SASAC investors, regulators dual identity, understanding of the functions of the existence of serious differences and disputes. Analysis from the point of view of the abrupt, SASAC, who is also the investor, the dual identity of the regulators has led to many problems in the real world; ought perspective, the SAC should be a pure investor identity. And rights structure analysis, we will find the the SASAC side mode dual functions, internally there is a clear legal rights conflict. Faced with these problems, I put forward the idea of ??the SASAC is set as \That should reposition the SASAC current proposed SAC positioning for the investor, stripping functions of the regulators to promote the mobile the SASAC to the direction of investor redefinition of SASAC qualitative legal, functions, in the framework of the Companies Act within refactoring SASAC \To deal with this problem, in addition to the simple investor envisaged the need for more specific state-owned assets management system of support. So the author and from the specific aspects of the investor positioning under SASAC Establishment.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > National Economic and Social Development Act
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