Study Of The Fiduciary Responsibility Of Managers Of State-owned Enterprises

Up until now, the reform of state-owned enterprises has lasted for nearly thirty years, splendid achievements have been acquired, and modern enterprise system has been found essentially. However, this reform has not touch its ceiling, lower efficiency and loss of state assets still exist, and enterprises managers have to take much direct responsibility for those problems.Under the influence of traditional political and economic systems, for a certain long time, the relationship between state-owned enterprise manager and the owner or delegate of state assets was located to administration, which bring much trouble to the law status and responsibility of enterprise managers. I believe we should take civil relationship to instead traditional administration under the background of market economy. On the basis of selection of managers from professional manager market, highlighted managers' ability of operation and manager, bring in the Trust Idea to take the place of agency, to enhance the constraint system and guide the behavior to operate state assets.As the operation stage of running state assets, the state-owned enterprises take the great responsibility to the benefits of our national people. The government hands over state assets to the manager of state-owned enterprises with great trust, the manager must take the trust obligation and should be punished by law if he or she break this obligation, which we called Trusted Responsibility. According to the nature of state assets, I think the Trusted Responsibility should be classified to the Responsibility of Economic Law. Meanwhile, according to the characteristics of state assets, the legal investigation procedure should be included public welfare litigation, because the behavior to invade state assets equals to invade the benefits of every national.As a matter of course, the bringing of Trust Idea in the operation of state assets and the establishment of Trusted Responsibility of managers must have some trouble with traditional and current systems. This situation requests us make Trust Idea suitable to the operation of state assets, then balance the relation between encouragement and restraint systems, and establish relevant systems such as Insurance on Responsibility of Managers. Through this way, the Trusted Responsibility System on the managers of state-owned enterprises established by this article will work really when it's put into practice. As a result, the problems such as lower efficiency and loss of state assets existed in the state-owned enterprises will be solved to a certain extent.