| Mr. Deng Xiaoping's speech in the South of China in 1992 and the Fourteen's Congress of the Chinese Communist Party are both the symbols of Chinese state-owned enterprise reform, which has entered a new stage of "System Innovation" from the stage of "Giving up Power". According to the requirement of establishing the Socialist Market Economic System, and drawing lessons from the advanced enterprise organization forms of advanced countries, the Modern Enterprise System is set forth creatively to be established at the Fourteen's Congress of the Party. The main characteristics of the Modern Enterprise System are clear property right, clear right and responsibility, separated government and enterprise, scientific management. The state-owned enterprise corporationalizing transform, which is the important organization form of reform, is deemed as the important form and basic thought of settling the state-owned enterprise 1 problem and making a good job of state-owned enterprise and state-owned economy. On one hand, The Corporation System provides a property right model for the reform of the relationship of state-owned enterprise and government, on the other hand, it also provides an administration structure model with the characteristic of separated and restricted power on the basis of diversified property right. 2 In this sense, the implementation of Corporation System can realize the separation of government and enterprise on the basis of clear property right and clear right and responsibility concerning the relationship of state-owned enterprise and government. Enterprise can realize high benefit through implementation of Legal Person Administration Structure in the market system. However, until now, a restricted Legal Person Administration Structure has not been formed substantively inside the corporationalized state-owned enterprise. The Corporation System has not taken effect thoroughly in state-owned enterprise. The corporation system transform has not changed substantively the situation of non-separation of government and enterprise, nor the situation of nobody in charge. The state-owned capital is still losing in large amount. At present the most outstanding problems are as follows: 1. Because state-owned capital is the majority, government intervenes enterprise by appointing members of board of directors; 2. Because of lacking of effective control of ownership, the situation of "insider control" is serious; 3. Because the property right system of effective operation of state-owned capital, which is appropriate to the Socialist Market Economy, has not been formed, the state-owned capital property right is still unclear, the right, obligation and responsibility of each subject are not unified regarding the management and operation of state-owned capital. The writer has been working in a large state-owned enterprise for more than ten years, and has the opportunity to participate in making experiments of Modern Enterprise System reform, therefore knows well about the "defects" in the process of system innovation of state-owned enterprise. Through three years of study for Master's degree, the writer has a certain understanding of the "defects" theoretically, and feels deeply that the central problem of state-owned enterprise marketlizing is the administration system innovation, establishing a scientific corporation administration structure is the key of state-owned enterprise corporationalizing transform and marketlizing. Starting from the theory of corporation administration, this article will analyze the characteristics and functions of the corporation administration structure, and the obstacles, defects and factors of the current corporation administration structure. The writer's conclusions are the following: Modern Corporation System is the result of the development of society and history, although it is generated from Capitalist Economic System, and developed on the basis of Capitalist Private Ownership, as an organization form of modern productivity, it does not own the attribute... |
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