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A Research On The Legal Issue In The Market Subject Of The State Enterprises

Posted on:2004-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:L B WangFull Text:PDF
GTID:2156360122970099Subject:Law
Abstract/Summary:PDF Full Text Request
The economic reform of China mainly represented by the reform of state-owned enterprises has entered the rapid developing track of the worldwide market economy. China has achieved strong national powers and common people live prosperously and peacefully through more than 20 years of practice on market economy ,we are planning considerately and deepening practice in order to raise a higher tide of market economic construction throughout the country. The state-owned enterprises, being the frontlet and main forces of the reform and construction of China, must be the models and perform the significant duties. Taking a sweeping view on the history course of the reformation on the state enterprise market economy ,we have tastes of sour and sweet ,and bitter and peppery , first beginning with the planned economy without marketing as "large and national",and then the reformation and trials on the primary market economy in the last 20 years of the 20th century, until the reformation on the modern enterprise system with open market in all field at the beginning of the century, full of twists and turns or ups-and-downs .But the whole developing trend is advancing up-and-down, which is in accordance with Marxism materialist dialectics.Almost of countries have a large scale of national properties and have established many state enterprises .It is a worldwide problem how to raise a higher efficiency of the state enterprises .Till now ,limited by their systems ,the state enterprises in the market economic countries (mainly meaningthe developed western capitalist countries) have withdrawn completely from the competitive fields, and are drawing back step by step from naturally monopolized trades and the trades with great risk, and necessary for a greater investment, and mainly engage in strategy trade and public causes, demanding for national interests, whichever has a low efficiency and or bears heavy losses and needs the financial subsidies by the government or other supports . Therefore many market economic nations negate the subject of the state enterprises (as in Japan etc ) .In our country, we are active for the state enterprises, according to our objective economic conditions .We should neither follow the policy of limitation and withdrawal that the western developed countries apply nor fall back to the planned economy as "large and national" .In order to develop socialist course . according to the indications proposed in the report of the Sixteenth Committee of the Party as " at the beginning of the first 20 years of the century ,the main task of the our construction and reformation are to complete the socialist market economic system ,and to promote the strategic adjustment of economic structure, and to better the managing organization of the state enterprises with the reformation in the large-and-middle- sized state enterprises turning to regular companies according to the demands of the modern commercial system , and to push share system and to develop mixed ownership economy except some few enterprises which should be invested only by the nation ". Therefore the reconstruction of the subjects of the state enterprises directly concerns the result of our reformation in economic system and the realization of our socialist idea . How to establish the market subject of the state enterprise in the new period? How to remove the handcuffs and fetters of state enterprise running in the market economy ? This issue is trying to do some explanations on the model and method and the function and the balk of the market construction of the state enterprises , referring to the legal ideas of the state enterprise, and the legal system and the managing formulation, and the theory of property and the running organization and the construction of the outdoor legal surroundings according to the policy proposed in the Sixteenth Committee concentrated in 16 Chinese words as, "clear property ;definite responsibility, enterprises apart from the government and scientific managem...
Keywords/Search Tags:State Enterprise, Market Subject, Legal Problem
PDF Full Text Request
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