On The Legislative Regulation Of State - Owned Assets Management

The whole social estate of China is mainly comprised of the state estate. With the construction of the socialist market economy, the social economic factors turn in different forms but the state-owned estate plays a remarkably fundamental role in the socialist marketing economy with the steady acceleration of its general amount. However, as to the management of the state-owned estate, problems exist as follows. The state-owned enterprises have great historic burden with low efficiency and unreasonable structure of the estate, which results in severe loss of the state-owned capital, while the ownership of the state-owned estate is not ideally clear. And to a great extent, all these factors prevent it from exerting its full functions. This article analyzes the present condition of the state-owned estate management, compares the different legal mechanism of it in different countries and discusses the principles and orientations that should be followed, trying to put forward some practical recommendations on setting up and improving the legal system of the state-owned estate management in accordance with Chinese conditions. The three major points of establishing the above-mentioned legal mechanism are pointed out in the part of the conclusion of this essay. They are the legal system of the state-owned estate management, "the laws of the state-owned estate ", and the management of the state-owned estate. Most of all, the legal system is a macroscopic one consisting of different levels including common laws, specific laws, general regulations and local regulations. Furthermore, the structure frame of "the laws of the state-owned estate" is also put across in this essay. In the end, the essay stresses that what we ought to construct is a new system of management with the basic requirements such as "state-owned, double functions separated, and regulated by three different levels".