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The Legal Regulations on Fully Transferring of State-owned Enterprise Property

Author: LiXin
Tutor: XuXiaoSong
School: China University of Political Science
Course: Economic Law
Keywords: fully transferring of State-owned Enterprise Property State assets the rights and interests of the employees the rights and interests of the creditor
CLC: D922.29
Type: Master's thesis
Year: 2005
Downloads: 117
Quote: 1
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Abstract


The legal regulations on fully Transferring of State-owned Enterprise Property With the reformation of our state-owned enterprise going further, the reformation of property became to the emphases of reformation of State-owned Enterprise. And the transferring of property is also the core problem on the reformation of property system. The transfer of State-owned Enterprise Property is a important way in improving reasonable flow of State-owned Assets and carrying out execution the strategic adjusting of State-owned overall arrangement and structure. And it is also the precondition on the reformation of administrant system of State-owned Enterprise to design the modern enterprise system. The fully property transfer of State-owned Enterprise is the mostly form of the reformation on property system. In the process of fully transferring of State-owned Enterprise Property, the complex and special object being transferred make it necessary to correspond and balance many legal relations involved. Not only the legitimate rights and interests of enterprises being transferred, especially the rights and interests of State, but also the rights and interests of buyer are needed to be protected to make the transfer works smoothly. Meanwhile there is rights and interests of the third part, especially the creditor of the enterprises being transferred unavoidable to be involved, because of the opposite benefit between the two parts: the purchaser, the bargainor and the creditor, so it is common that the purchaser and the bargainor aggrieve the legal rights and interests of the creditor. Otherwise, the protection on the legal rights and interests of the employees is also a problem needed to be payed special attention. The author puts forward correspondingly legislation advice and realistic option on the legal legislations on fully transferring of State-owned Enterprise Property through the discussion of natural and character. This thesis includes three parts. The first chapter deals with the general theory of the current meanings, then the author analyses the characteristic of the fully transfer of the State-owned Enterprise Property. The second chapter brings forward transferring of the State-owned Enterprise Property should to be legislated since it possesses the characters, so it is necessary to research the special regulations on the transferring of the State-owned Enterprise Property. In the third chapter, the author puts forward the projects on legislating of the fully transferring of State-owned Enterprise Property after a particular discussion on legal imaginations.

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