Study On Relative Legal Problems Of Enterprises' Trusteeship

The essence of enterprise trusteeship is the separation of the enterprise's ownership and managerial authority, it is a managerial way of improving enterprises'operation level and benefits through introducing a outside operator. The original intention of the introduction of enterprise's trusteeship to our country is to serve for reforming system in the state-owned enterprise. Many scholars orientate it a supplement form of state-owned enterprises'assets reorganization or a prelude of enterprises'annexation, and think it is a kind of transitional policy. After analysing the enterprise's trusteeship system deeply, we find it should not only be a provisional or transitional result under a certain policy, and should be a type of operational way which improve the management level by realizing the external separation of the enterprise's ownership and managerial authority. Enterprise's trusteeship carries on optimization grouping to various factors of production through the market, facilitate the long-term operation of enterprises. It has wider applicable scope, and can insist on as a long-term system.The serious omission of legal system in enterprise trusteeship is the basic reason of different obstacles exists in practice, and also the reason that we have to seek the administration help. Institutional disappearance and practice disorganization is the impetus to study relevant legal problems of enterprise trusteeship. At present, similar activities in practice are also named enterprise trusteeship. Combine the practice and the purpose of the system, the object of enterprise trusteeship can be definited to the managerial authority, and through comparative analysis, it should be more reasonable that enterprise trusteeship regard the trust system as theoretical foundations. In terms of law science, the concept"trust of managerial authority"is more normal. After analyzing the different legislative modes abroad in enterprise trusteeship, we choose the compound legislative mode for our country. Because at economic transition stage , there are a large amount of state-owned economy exists in our country, the enterprise trusteeship involved social public interests. So we need to make public law to practice systematic, macroscopic adjustment base on the premise of relevant private law which played the foundational function. The private law should rely mainly on Trust Law, i.e. construct key legal relations of enterprise trusteeship through the deduction of the trust legal principle, combining the contract law to regulate the contract of enterprise trusteeship at the same time.