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Research on the Law Problem of Our Country State-owned Enterprise Operating System

Author: TianXueBin
Tutor: WangYiPing
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: state-owned enterprise rights and obligations balanced mechanism the salary fulfils mechanism Personnel selection mechanism and superintend mechanism
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 60
Quote: 0
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Abstract

The State-owned enterprise is the state economy main part, it is controlling our country’s life line of national economy, has the important status in our country’s economy and the political system. Take establishes the modern enterprise system as the goal state-owned enterprise reform, has achieved the great achievements after the corporate system and the stock transformation, state economy’s total quantity further increases, the controlling force and the influence further strengthen, but State-owned enterprise’s operational mechanism still had some problems to need to solve. This article tries from State-owned enterprise’s power and responsibility mechanism, the operator to appoint the mechanism, the high tube salary mechanism and the supervising mechanism four aspects, analyses our country State-owned enterpriseoperational mechanism existence the question and the insufficiency, and, in the summary had in the research results foundation to put forward some feasible proposal.State-owned enterprise’s rights and obligations balanced mechanism is mainly refers to between the state asset supervision organization and board of directors’s right and duty distribution system. At present the State-owned enterprisehas the decision-making power to divide the unreasonable question, needs to limit the State-owned enterprisepower and responsibility boundary the starting point, the reasonable division State-owned enterprise’s power and responsibility scope, will be more managerial authority to hand over by the board of directors exercises, but all levels of state asset supervision organization main management critical time enterprise’s major issue, makes the rights and obligations to be distinct.The State-owned enterprise in the personnel system, by the administrative appointment system primarily, the marketability degree was still insufficient, the enterprise in uses in the human rights to relate is not suitable. Should act according to State-owned enterprise’s different characteristic, the science division enterprise type, the implementation has the difference personnel system, simultaneously must straighten out State-owned enterprise’s personnel jurisdiction, particularly is coordinated the good party organization and the enterprise interior uses the human rights the relations.At present, the State-owned enterprise lacks the unification the salary standard, its information is not transparent, causes the superintendent salary universally high moreover the disparity to be very big. Needs to set up the adaptation according to the different type enterprise the salary standard, the perfect high tube salary disclosure system, strengthens to the high tube salary level surveillance and the restraint.The State-owned enterprise supervising mechanism’s most major problem is surveillance’s insufficient, board of supervisors’s function has not been able to display effectively, moreover each cognizant agency function is redundant, has not formed the joint effort. Therefore needs to improve the board of supervisors system, enhances the board of supervisors and its member’s independence. At the same time, straightens out each surveillance department’s relations, displays the respective surveillance function.This article uses the document material research technique, in the analysis correlation theories and had in the research results foundation, through crosswise compares with other countries and the area, in view of our country State-owned enterprise the power and responsibility mechanism, the operator appoints the mechanism, the high tube salary mechanism and the supervising mechanism aspect question, from legal and system’s stratification plane proposed that the solution opinion, has certainly certainly to state-owned enterprise reform’s further deepening profits from the function.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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