Explore The Legal Regulation Of Public Enterprise Privatization

The topic of article stems from pondering on the extremely terrible accident of number 711 bus occurred on October 1, 2006 in Chongqing. When the privatization invades the various departments of public enterprise, the bus privatization has suffered unprecedented challenge for a series of bus accidents frequently happened. Recovery of state-owned poverty right and returning the receding of private capital emerged in some bus-privatized cities, which caused the academic circles to re-discuss and think about that whether the public enterprises can really be privatized. Facing the numerous doubts, the privatization met with the largest obstruction in the forward progress. The supporters and opponents of the privatization have their own sufficient reasons to support themselves. It is a problem that what the reform of public enterprise would be and how to carry it out. Whether the privatization would be the main way of marketing of the public enterprises? Presently, most of the theoretical articles about the privatization of public enterprises reform are mostly from the points of view of the public management and the economics to reason that whether the privatization should be carried out or not. However, the privatization cannot be achieved in one step. It needs stable system resources as basic and safeguard to make it have legal support and protection in the market economy. With three major parts and from the point of view of legal regulation, this article expounds the theoretical background of the privatization, the situation and problems of privatization of China, and depending on which, it proposes the counter measure to solve the problem of privatization and legislative proposes, hoping that through such exploration, a reform path of privatization of public enterprises suitable for China's condition will be worked out.This article is divided into three parts. The first part "the background and significance of the Privatization of Public Enterprises Legal Regulation," through quoting some succeeded or failed cases of privatization reform of public transportation trades to evoke masses meditation on privatization reform. And it analyzes the practical and theoretical background of privatization of public enterprises. The second part talks about "Present situation and problems of the legal regulation of privatization of public enterprises", which aims at analyzing the situation of privatization of public enterprises and legal regulation in China. And through case study and empirical research, and from among the debate of whether the bus should be the privatized or not, we lead to a conclusion that why the reform of public transport has difficulty taking a step forward. We summarize that the basic cause making the privatization of public transport move backwards is that-the lack of legislation. The third part talks about "countermeasure and legislative proposal of the Privatization of Public Enterprises Legal Regulation." Through analyzing the problems of public transportation privatization in the former part, a series of proposals to solve the law flaw are put forward. It believes that only through the law regulation, the privatization in this area would not be the same as a runaway bronco which can not find its journey. Any law needs the basic principles to be the skeleton and guide of instituting a law, basing on which, we talks about the three major principles of the privatization legislation at first, and then put forward legislative proposals around this. Finally, in view of the disorder of the role of government, we put forward the idea of legalizing the government management and also work out some practical ways to regulate government supervision power.In this article, the biggest bright spot is to break the simple way that discussing the reform of enterprises privatization from the view of public management singly. From the view of legal regulation, we clarify the long-term puzzle of academic area that whether the public enterprises should be privatized and how solve the contradiction between the profitability of private capital and the commonweal of public enterprises after privatization. Using case study and empirical research and taking most questioned reform of public transportation privatization as the example, we discuss about the policies and legislative proposals of the privatization of public enterprises on the basis of the problems and causes of privatization. We hope that through legal regulations, an alternative way of the reform public enterprises which now is in an awkward position would be worked out.