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The Research Of Subjects System Of State-owned Assets Law

Posted on:2011-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChenFull Text:PDF
GTID:2189360305995126Subject:Economic Law
Abstract/Summary:PDF Full Text Request
State-owned Assets of Enterprises is an important strategic resource of China's socialist market economy, It is of much significance for the overall interests of the country and security of national economy. In recent years, due to the unclear property rights, unclear responsibilities, the defects of management and the bottlenecks for the right Subjects to prosecute, the State-owned Assets of Enterprises suffered great loss. National People's Congress has formulated the new State Owned assets of Enterprises law to solve the problems, but the main problems are still exist. At the same time, there are only a few systematic academic documents which related to the state-owned assets, and there is no documentary evidence to conduct a special study. According to the situation, this paper focuses on the subjects of state-owned assets law analyzes the academic research and legislative status of the subjects by the "subjects of property right-subjects of supervise-prosecutors" logic, reveals the flaws and shortcomings, and make some appropriate improvements.This paper is divided into five parts.Part I:Introduction. First of all, as the first part of this article, this part focus on the theoretical background and practical significance to show the purpose of writing this article. Second, this part summarized the related papers from the perspectives of monographs and papers, giving us some idea of the research status. Again, this part descript the research ideas and the broad framework of the whole article.Part II:Summary of the subjects of state-owned assets law. In this section, the author first introduced the meaning of legal relations and the subjects of legal relations.Second, this part define the definition of state-owned assets, and then analyze the connotation and extension of the subject of state-owned assets law.Part III:The empirical analysis and improvement about the subjects of state-owned assets. This chapter is divided into three parts:First,this part defines the property rights subjects from the perspectives of connotation and extension。Second, the part explains the academic viewpoints and Current Legislation about the subjects of state-owned assets. Then, This part introduces and compares the advanced experience of foreign countries, and gives some suggestions about the improvement of property rights of state-owned assets.Part IV:Redefine the supervision subjects of the state-owned assets law. This chapter introduces and compares the advanced experience of foreign countries. Then, the author makes some suggestions about the improvement of the subjects of state-owned assets.Part V:Extends the prosecutors of state-owned assets cases. First, this section demonstrates the necessity of extending the prosecutors, and then analyzes the subjects system of traditional litigation and the deficiencies. Lastly, the author demonstrates the theoretical and practical basis that People's procuratorates, individuals and social organizations have the right to conduct a suit the persons who damaged the state-owned assets interests.
Keywords/Search Tags:State-owned Assets of Enterprises, subjects of the property right, Supervision subject, prosecutors
PDF Full Text Request
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