The Jurisprudential Improvement On The Owner And Ownership Of The State-owned Assets As The Angle View To The Implementation Of The Law Of SOE’s State-owned Assets

The institution of the owner of state-owned assets is the key point in the system of management of state-owned assets and the reform of state-owned enterprise (SOE). The state-owned enterprise assets law makes clear rules for the first time in the form of law for investors’ system, not only fills the legislation a historic blank, but also has a vital significance on improving the state-owned assets management system. Nevertheless, there is an obvious alienation of situation in the institution of the owner of state-owned assets in the nearly three years’ implementation of the state-owned enterprise assets law, and good prospects of legislation do not get full responses from real life demand. What is the difference of legislation expected in the casting practice? How to constantly improve the environment and mechanism of the state-owned enterprise assets law’ implementation, so that the law can be fully and effectively implemented, to better promote the perfection of state-owned assets investors’legal system?Through the real analysis of the institution of the owner of state-owned assets, the article will clear many differences of legislation expected in the casting practice, find the specific problems existed in the implementation of the law. It is on the basis of summarizing the alienation in the practice of the institution of the owner, analyses the reasons behind which influenced the law implementation, and finally puts forward the suggestions for improving. From the theory and the practice level make a respond to the legal system, be sure that laws can truly glow vitality in reality, better be able to promote the improvement of the institution of the owner of state-owned assets, and the development of the state-owned economy, ultimately response to legislation expected with practice test. It also makes the legal purpose of the law of SOE’s state-owned assets be real embodiment. The article is divided into five parts. The content of each section is as follows:In the first section, we study the legislative background and significance of the institution of the owner of state-owned assets to lead the research focus in this paper. The article simply introduces the research scope and concrete research methods.In the second section, first it briefly introduces the theoretical foundation of the institution of the owner, then it gives the legal position of owner and the ownership entity in the law of SOE’s state-owned assets, and analyses the legal relation between the ownership entity and SOE.In the third section, it mainly makes SASAC and administrational regulations of SOE’s state-owned assets in HUBEI province as the main research object, gives a natural sex of analysis for alienation of the institution of the owner of state-owned assets, and expounds the specific alienation phenomenon appeared in the practice.In the fourth section, it interprets in detail from the legislation to system, to explore the real reason for the variation of the institution of the owner of state-owned assets. It makes an answer from the legislation itself, state-owned assets management system, the enterprise’s internal management structure whose capital contribution is from the state, legal implementing mechanism and so on, for why the institution of the owner of state-owned assets in the reality encountering "cold current", and the legal provisions in practice will become a kind of alienation "decoration".In the fifth section, it improves implementation of the path of the institution of the owner of state-owned assets. To sum up the reasons of the alienation of the institution of the owner and proposes the perfect legal system for the institution of the owner. Respectively, from four aspects, such as clearing the legislative purpose of the institution of the owner, formulating the detailed rules for the implementation, promoting the supporting rules of the law of SOE’s state-owned assets, and setting up the implementation mechanism, to seek a future road system for the institution of the owner of state-owned assets.