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On Perfection Of SOE's Corporate Management System

Posted on:2008-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y S ZhaoFull Text:PDF
GTID:2166360272984054Subject:Economic Law
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On condition of the market economy that is based on the public ownership in our country,the SOE(SOE=state-owned enterprise) has an important function on developing the national economy that is built under the planned economy system.The SOE must be constantly made innovations and perfected on management system.Therefore,it can adapt the requirement of developing the market economy that is based on the public ownership and bring into play its leading function.It will be expounded in the dissertation from the three following aspects that are the basic meaning of SOE's corporate management system,existing problems in construction and the law perfection countermeasure.Part One is about the basic meaning of the SOE's corporate management under the modem market economy.First,on the basis of analyzing the SOE's present situation,it makes it clear of the SOE's meaning.Then according to the practice of SOE's reform,it points out that it must be constructed of the modem enterprise system of clear property right,definite power and responsibility,department of politics and enterprise,scientific management.Moreover,it points out the corporation management system is the leading system of SOE's management.The core of the corporation system is the corporate managing structure.A scientific, standard and perfect corporate managing structure is the key part of deepening the SOE's reform and constructing the modern enterprise system.The owners of the state-owned corporation must do business abiding by law and assume sole responsibility for its own profits or loss by good connection of inner and outer management and the restriction of the owners,the board of directors,the board of supervisors,the manager groups of the corporation Therefore,it is realized of state-owned corporation's efficient and harmonious work and the SOE will develop soundly.Part Two is about the main problems on the construction of the SOE' s corporate management system.First,the system of the state-owned property right isn't sound.The state-owned stock total control in the SOE's reform has caused administration intervention;politics and laws aren't sound during circulation of property right.The unfair operation during business of property right has caused much loss of state property.Secondly, the SOE's corporate management system isn't perfect.The structure of the stock power isn't reasonable in the SOE' corporation management. Responsibility is mixed up of the leader of board of directors and the general manager.The board of supervisors only has an empty shell.So we can say it isn't formed totally of the restriction of the corporate management structure.Thirdly,it isn't sound of the staff regulation and encouragement and discipline system.The politics and enterprise are confused.The reform of the staff management system isn't complete.The connecting laws aren't matched.They have caused the SOE' low profits.Part three is about perfection of SOE's corporate management system. First,the property right system isn't sound.It presents that we should realize clear property right,make it clear of the principal parts,realize multiple of property right and construct the standard state property right circulation system to prevent loss of state-owned property.Secondly,it presents the methods of perfecting corporation owner meeting,the board of directors,the board of supervisors,and the manager groups.A lot of work still needs finishing when SOEs are changed to corporations.The stockholder meeting,the board of directors,the board of supervisors,the manager group,etc all need improving and strengthening.The situation of major stockholders controlling the stockholder meeting requires changing,especially about changing the phenomenon of state stock's total control.The corporate should really support the benefits of middle and small stockholders,regulate the management of the board of directors, promote the standard of selecting directors and strengthen the responsibility and obligation.The supervising rights of the board of supervisors need guaranteeing and it should be altered of the board of supervisors' empty shell.Thirdly,about the corporation's encouragement and restriction rules,sound salary regulation requires building and material and spiritual encouragement should be combined together.For the manager group the future right of stocks can be used to get the aim of encourage for long time. At the same time,it should be realized of restriction and supervision among the different branches.The outside environment management requires strengthening.The government' s leading function and the regulation of politics and laws are very useful,especially developing the professional manager market.The dissertation takes a detailed analysis on the SOE's corporate management system with comparative and historical methods.It is concludes of the way of perfecting the SOE's corporate management system.And it is emphasized of the function of policies and laws and presented the meaning of the SOE's corporate management system.At the same time,it points out the outer environment's effect on changes SOE's corporate management ideas,basis and importance of management system' perfection.
Keywords/Search Tags:SOE' property right system, SOE' s corporate management system, SOE's corporate management idea
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