On The Regulation Of Local Governmental Behavior In The State-owned Assets Operation

The significance of more than 2300 local governments in the state-owned assets (SOA) operation depends on the market economy illumination and governmental orientation. The country which is the proprietary representative of the state-owned assets provides local governments and officials with a set of resources after it grants the dominance or control rights of the state-owned assets to them. In order to realize the value reservation and addition and public service function of SOA, the study of the regulation of local governmental behavior should include how to regulate their behavior of allocating , utilizing and managing these resources. In the writer's opinion, that local governments don't obey the regulations is the decisive cause of the losing of SOA and the low level of the management performance.The regulative degree of local governmental behavior influences the operation quality of SOA directly. Thus, the writer makes a gradually in-depth economic and social analysis of the legal nature of the proprietary of SOA, the operation character of SOA, the system basis of local governmental behavior and illegal behavior. At the same time, the writer illustrates the basic behavioral principle and concrete behavioral regulation that local governments should live up to in the operation of SOA so as to put forward the effective theoretical foundation of the value judgment..Besides the forewords, the paper includes the following four parts:Part 1: The definition of the operation of SOA in the perspective of law. The writer explores the legal nature of the proprietary of SOA, the operation character of different state-owned assets and the system basis of governments' participation in the operation of SOA at the beginning of social market economy by classifying the state-owned assets into public resources (including public and common facilities), nonprofitable resources characterized by public service and profitable resources. The writer points out that the governmental function should involve in such conditions as policy orientation, interest integration, quantitative accumulation, cost payments andorganizational security in the operation of the state-owned assets.Part 2: The analysis of the illegal behavior of local governments. The paper states some illegal behavior of local governments resulting from the wrong roles, and points out that the system root of rent-seeking lies in the abuse of administrative measurement right in the economic regulation. Local governments can not obtain so-called "free measurement right" according to measurement right. In nature, administrative measurement right is only "compulsory measurement right" or "law constraint measurement right". The reasons of local governments' character mutation are that institutional culture does not constrain the administrative power effectively and the regulation ideal lags behind in the level of ideology .As a result, it is necessary to cultivate the regulation ideal of the officials and form good legal culture atmosphere.Part 3: The basic principles that local governments should obey. The efficient regulation of local governmental behavior is based on the concrete and positive analysis of it and realized by the construction and start of a multi-layer institution which should have both solid regulation and program constraint; both basic value principle and operative behavioral model. Thus the writer illustrates that local governments must live up to such basic principles as the separation of the management and operation function of SOA, coping with three relations skillfully, openness and democratic participation, equity and fairness, efficiency and performance and the promotion of efficient competition.Part 4: The concrete regulation of local governmental behavior. In the writer's opinion, it is impossible to regulate local governmental behavior completely in the solid body, but to pay more attention to the procedure system. It is not until establishing an opposite party (an involved party in stake) to resist the governments that the abus...