Legal Research On Power Distribution Between S.A.S.A.C And Ministry Of Finance In The State-Owned Capital Operating Budget

With the development of state-owned assets management system and the relative budget system,the state-owned capital operating budget is of great necessity to establish,but a number of problems about the new system have been raised during the trial period.Starting from problems above,the paper,divided into three chapters,is aiming at giving instructive advice on the improvement of the new budget system through the analysis of essence of problems and concrete re-distribution of budget power of the system itself.ChapterⅠmainly analyses the basis of the state-owned capital operating budget,describes the essence of the new system,concludes causes of problems in the trial process,which all can pave the path for the next improvement of the budget system.ChapterⅡis mainly on how to identify the most appropriate mode of power distribution of the state-owned capital operating budget.The paper concludes some main factors affecting the mode above from the legal situations in the United States,Singapore and France and uses them to analyze environment in China.The conclusion of the analysis is that the mode of power monopoly of the ministry of finance in the budget should be changed and the state-owned asset supervision and administration departments ought to share some budget power according to their capability.ChapterⅢis aiming at finding out new principles to re-shape the legal construction of the new budget.Through the analysis of the content of trial opinion,new principles should guide the process of budget drafting and enforcement.Also revision of budget process,negotiation system of decision-making about management of state-owned capital and disclosure system of information on management of state-owned capital can all become the potential systems to set up in the future.