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State-owned enterprise property rights research

Author: LiaoZuo
Tutor: ShenSiBao
School: University of Foreign Trade and Economic
Course: Legal
Keywords: Property rights of state-owned enterprises Property of legal persons Dual ownership Corporate Ownership Shareholder ownership Owner Ownership of power Corporate property rights Ownership of state-owned assets Jurisprudence
CLC: D922.29
Type: Master's thesis
Year: 2000
Downloads: 118
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Abstract

(Abstract) China has established the objectives of the reform of the socialist market economic system, but its ultimate realization, still depends on the success of the reform of state-owned enterprises. Opportunity of contemporary state-owned enterprise reform is the establishment of a modern enterprise system, and the modern enterprise system is undoubtedly developed based on private ownership, and you want to transplant systems and mechanisms in public ownership environment is indeed a daunting social engineering. The purpose of this paper is that the property rights of state-owned enterprises, and seek to identify certain inherent in the legal system of the modern enterprise mechanism, and proposed to solve some of the problems of enterprise property rights for the reality of China. Text preface and reference information, is divided into five parts, namely, 25,000 words. Part I: generation of property rights of state-owned enterprises. First introduced the concept of property rights of state-owned enterprises in the first quarter. Why in the private ownership of the dominant country, the property rights of the company or body is not a problem. In the case of state-owned enterprises fully subsidiary as government agencies, enterprise property rights do not exist. Thus extending a rule: make a living between the business owner and the actual utilization of the production of others there is a legal barrier, the investors in order to avoid market risk, the actual dependent enterprises to make a living by the hope corporate earnings to remain in the boundaries of its legal rights beyond a certain ownership requirements, the business owner can own ownership require legal support. Introduced in the second quarter, mainly former Soviet Union, the main points raised in the discussion of the property rights of state-owned enterprises, such as enterprise private ownership or ownership point of view, the \Part II: China's legal community discussion on the legal property rights of state-owned enterprises. Our jurisprudence discussion on the legal property rights of state-owned enterprises, and stressed in the discussion of various points of view on the basis of Chinese scholars in the former Soviet Union has been to deepen and expand the state-owned enterprises in China and Western modernization AG and Co., Ltd. analogy research. Section I first introduced a number of Chinese-style \Such as possession of view, the usufruct point, the point of view of the legal ownership and economic ownership and corporate ownership point of view. Legal ownership point of view put forward in the second quarter, led to the discussion of China's legal circles about the property rights of the company and its relationship with shareholders. The three main points raised in the discussion, the company point of view, the sole owner of the main shareholder and the company the dual ownership point of view and shareholder ownership perspective. Author on the several views of the modern legal system and the limited liability company to do further analysis and came to the relationship between the legal property rights of state-owned enterprises should view shareholder ownership. In the third quarter, I greater impact on the \The first describes the origins of the ownership in civil law and common law systems, and then pointed out the defects in the legal logic of \That the doctrine of \However, the joint-stock lt; WP = 3 gt;, obey the law and the will of the owner of the premise, operating independently, its operation and management of the property independent responsibility can be incorporated. Become legal premise is operated by the funders or the property of the shareholders rights, not ownership. Part III: the introduction of the provisions of the legal property rights in China and its meaning. First, through the provisions of the law in the first quarter of legal property rights in China explained, such as the decision of the 14th CPC 3 plenary, \The interpretation of the legal meaning of property rights in the law in the second quarter, and put forward some of the author's views: for example, the disputed ownership of state-owned assets in the companies owned by the state \assets benefit from a further description of the \Part IV: Summary of legal studies on corporate property rights in this section is illustrated on three areas of focus: 1, the modern corporate property rights theory and practice is based on the separation of \legal property rights are not legal ownership; 3, equity or shareholders' right to form or means for investors to achieve their ownership. Part V: the significance of the legal property rights restricted. Legal property rights is an important theoretical and practical issues in the law of the state-owned enterprises, but not the only important issue. Establish a modern enterprise system is a systematic project, just can not be one-sided emphasis on one, and should therefore be the significance of legal property rights restricted. Clear its do certain things, can make a difference for the. Legal property rights with internal management problems in the first quarter, looking for the road to reform of China's state-owned enterprises, and by comparison with the legal system of property rights and governance mechanisms for large enterprises in the private sector in developed countries. Section II describes the problem of maintaining and denial of legal property rights and legal personality. Pointed out to a huge loss of assets of the status quo in the real world, Finally, I proposed several solutions to the ways and means.

State-owned enterprise property rights research

Abstract

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