On Administrative Law Regulation Of Disposal Of State - Owned Assets Of Administrative

For a long time, the disposal of state-owned assets of administrative units and institutions is far away from the public view. Some bad behaviors, such as selling official cars in low price and dismantling official buildings randomly, lead to numerous losses of state-owned assets. This phenomenon is rooted in the lack of awareness of disposal power and the absence of legal regulations. State-owned assets of administrative units and institutions belong to our country. However, traditionally, state ownership is regarded as private right and that lead to state-owned assets can not be regulated effectively, and it becomes easier to abuse of disposal power.In reality, state ownership must serve for public interests, and it shall rule out the autonomy of private law. Therefore, state ownership is not a private right but a public power, especially for the state-owned assets of administrative units and institutions, so the disposal power also should be classified as a public power. Even though the disposition rights owns to all people of the country, National People’s Congress is hard to undertake this responsibility effectively. Therefore, from the realistic point of view, this power should be distributed to administrative organization. Meanwhile, National People’s Congress should strengthen supervision.In order to research the current situation of the disposal of state-owned assets of administrative units and institutions, this article collects the legislativedocuments about disposal management, which includes the documents of 31mainland provinces and the capital cities. In the disposal power subject anddistribution of administrative power, the serious problems are excessive subjectsand distribution confusion. These problems are in contradiction with unity ofstate ownership, on the other hand, they also bring the conflict between subjectand function allocating, eventually lead to a law enforcement dilemma. In myopinion, solution of the problems is legalization and centralization of the subjectsand authority distribution, by means of establishing regulatory documents’review mechanism and eliminating the legality and rationality problems of theregulatory documents, finally to achieve rule of law. Since centralization candissolve excessive subjects and distribution confusion, it’s necessary todetermine only one subject of disposal power, financial department isappropriate. At the same time, setting up a system that every disposal of assetsshould put on record in higher financial authority can form the unity andstrengthen the control of central to the local. For the disposal condition and disposal procedure, the major defects are vaguestandard and the shortage of procedural requirements. In fact, the disposalcondition is difficult to refine, and also can not quantify. So I believe the onlyway to improve it is setting exact definitions and increasing principal rules ofdisposal condition. In disposal procedure, from a macroscopic view, theprocedure includes using unit declaration, relevant departments review, powerfulauthority examination and approval, the disposal of assets, accounting treatment. Microscopically, we should respectively add special disposal mechanism in the disposal decision stage and implementation stage. For instance, in the disposal decision stage, we can add identification and evaluation mechanism, public participation mechanism, expert appraisal mechanism, hearing procedure and so on.