Study On The Exercise Of State-owned Equity

From the late ninety began, China’s state-owned enterprise in order to meet thesocial development, the stock system reform. So far, the establishment of the systemof the state-owned equity remarkable achievements, the company stock systemreform has been completed, but state-owned equity show many differentcharacteristics, in the process of equity exercise could face difficulties, based on this,the state-owned equity exercise become more difficult a problem. State-owned sharesin the proportion of our country is very big, but only the general provisions of thecompany law of some basic content equity exercise, and no set of state-owned equityspecial section on regulations, and later on the introduction of the state-ownedenterprises law and not for the exercise of state-owned shares have made specificprovision.This article uses the method of combining the department law and jurisprudenceto research on a series of problems of State-owned equity to exercise．First of all,from the basic theory of state-owned equity, clarify the nature of the state-ownedequity, analyses out that the state-owned equity has public rights essence and privaterights exercise in one, and research the inequity, the diversity of rights and thecomplexity of the purpose of the state-owned equity. List several classificationmethod of state-owned equity, such as Britain’s state-owned common stock andstate-owned special shares, and Japan’s special company stocks and private companyshares, and state shares and state-owned legal person share. After this, Separatelyfrom the subject, the subjective purpose, and legal consequences of the structure ofthe state-owned equity angle on the jurisprudence analysis, Clear the purpose andprinciples of exercise of state-owned equity. Secondly, based on the study of relevantlaws and regulations, focus on study the problem of the process of exercisestate-owned equity. Especially differentiates subjects of the exercise of state-owned shares--authorized government departments and agencies (state-owned shareholder),and executive subject exercise of state-owned equity–representative of thestate-owned shareholder. After again, base on discussing state-owned shareholder andrepresentative of the state-owned shareholder, summarized their rights and respectiveobligations, and study of the state shareholder of the obligation of good faith and thestate-owned shareholders’ representative of instruct reporting obligations detailed.Based on this, distinguish from the criminal and administrative and civil angle tosums up the subject of exercise of the legal responsibility. Finally, after introducestwo suitable forms for China’s national conditions of state-owned equity exercise way:preferred stock form and controlling interest form, analyses on conflict of interestwhen in the process of the exercise of the state-owned equity, from the objective andthe policy of the legislation and in search for the source of conflict, for the basicspecification and technical specification and defensive specification makes acomparative study, and to put forward solution of the conflict that establish a perfectavoiding system and systematic supervision mechanism.Through the above research conclusion: state-owned equity is exercised well, onthe one hand, to seize the development direction of the state-owned equity, perfect therelevant legislation exercise state-owned equity, strengthen legislation guide，clearstate-owned equity of relationships about the main body of the power of theobligations；on the other hand, to realize the state-owned equity of the systematic andexercise way of private law, weakening the influence that the right, set up the perfectmodern company system, and with such supervision and relief, the state-ownedequity can be effective exercise, state-owned assets used effectively．...