Research On The Legal Issues Of Mixed Property Rights Of State-owned Enterprises

The classification reform of state-owned enterprises has become an inevitable trend.However,it’s the primary issue to break the inherent interest structure of state-owned enterprises,to make state-owned capital gradually withdraw from the competitive market and to attract non-state-owned capital into state-owned enterprises.In order to ensure the coordinated development and mutual promotion between state-owned capital and non-state-owned capital during reform,a governance system for state-owned enterprises of mixed ownership is needed.Examining the defects of traditional state-owned enterprises through historical analysis to find breakthrough and drawing lessons from excellent foreign experience through comparative analysis to put forward feasible strategies could be main ways of reform for Chinese state-owned enterprises.First of all,by reviewing the mixed ownership theory for state-owned enterprises,I analyses the theoretical errors in the mixed ownership reform,thus highlighting the feasibility and necessity of the reform and introducing the characteristics of mixed-ownership,as a background for this paper.Secondly,I make specific analysis of three major problems during the reform.By exploring the subject positioning,the distribution of rights and responsibilities and the supervision of property rights,I find out the gap between the reality of mixed ownership in state-owned enterprises and what it should be---the owner of state-owned capital is unclear,the allocation of rights and responsibilities is unfair and the supervision of property rights in insufficient.The main reason for these problem lies in the lack of a clear line between government functions of public affairs management and corporation management as the owner of state-owned enterprises and between government and enterprises.Thirdly,I discuss the advanced experience of reform in developed countries in order to solve the three problems mentioned above.As for property ownership of state-owned enterprises,we can learn from England and America;As for allocation of rights and responsibilities,we can learn from America;And as for regulation by law and by government,we can learn from Germany,France and Singapore.Finally,with the combination of current problems and foreign experience,I reach an conclusion that we should build effective concise owner representation system for state-owned property and reasonably allocate functions among different subjects,rebuild the allocation system under which rights and responsibilities are equal and fair to overcome the defects of administration dependence and so on,and classify state-owned enterprises into different types according to their specific functions and regulate them through targeting legal norms.