The Loss Of State-owned Assets In NPTP And Its Legal Countermeasures

In the Reform and Open, a special phenomenon---the non-profitable state-owned assets turned into the profitable state-owned assets (NPTP), which is operated by administrative institutions, brings a lot of benefits to our society. But nowadays, with the continuous increase on capital fund and its pattern, large loss of state assets should cause our special attention. Considering this, the theme of this article is how to construct the legal protection system against the loss of state assets in NPTP under the situation of market-oriented economy. This article consists of 4 parts.Part One--- the definition about the loss of state assets in NPTP. Going forward one by one, three basic concepts are compared and analyzed: the composition of state assets in administrative institutions, the definition of NPTP, and specification of the loss of state assets in NPTP.Part Two--- the channels of the loss of state assets in NPTP and its harmfulness. On the one hand, the author generalizes four channels, including the inadequacy of property assessment, the lack of responsibility and supervision, the free possession and use, the low efficiency of operation. On the other hand, the author explains the harmfulness, for example, it affects the positive effects of NPTP, etc.Part Three--- the analysis of the legal reasons which cause the loss of state assets in NPTP. Here, the author gives full and clear explanation from legal aspect, such as, the low level of legislations and their delayed contents, and the laws are not strictly enforced, furthermore, the protection from judicature is insufficient, last but not least, the indifferent legal awareness should not be neglected.Part Four--- the legal countermeasures against the loss of state assets in NPTP. In this part, the author puts forward a series of corresponding legal measures. Firstly, we should enact and perfect the relevant laws and regulations, and pay...