| The development of corporate governance system in our country is based on the reform of state-owned enterprises,which has experienced the stage of the decentralization,the stage of separation of government and enterprises,and the establishment of modern enterprise system.After these stages,state-owned enterprises have made obvious progress in their own governance structure and standardized operation.However,the reform has reached the bottleneck,the extensive reform of state-owned enterprises has been unable to promote the further development of state-owned enterprises at present.Therefore,since the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China,the party and the government have called for the accurate definition of the functions of different state-owned enterprises,function-oriented classification reform of state-owned enterprises has become the mainstream voice in practice and theoretical research.Under current circumstances,classification of state-owned enterprises is the main way to improve the governance of state-owned enterprises.In particular,the government formally promulgated the state-owned enterprise reform program document "Guiding opinions of the Central Committee of the Communist Party of China and the State Council on deepening the reform of state owned enterprises" in August 2015.In this document,it divided the state-owned enterprises into public welfare state-owned enterprise and commercial state-owned enterprise.With the specific system of state-owned enterprises reform which belongs to "1 + N" program enacted,state-owned enterprise classification reform program has been deepened.Among these state-owned enterprises,the public welfare state-owned enterprises,which are important performers of public interest,are increasingly concerned by the academic community based on their public attributes and the functions of providing public goods.The research on these enterprises can reflect the tensions between the market and the government.This article is also trying to find the balance of efficiency and fairness to protect public interest in this tense relationship.In the light of the differences in the understanding of the meaning of words,the practice of the reform of state owned enterprises and the status of the foreign state-owned enterprises reform,it will be better to reflect its public properties to use the vocabulary “state-owned public enterprises”.It is true that at present,China has made clear the state-owned classification reform program,but based on the inertia of the system and the difficulty of the reform of state-owned enterprises,China’s state-owned public enterprises in the whole process can not effectively protect the public interest.The fuzzy corporate governance objectives of enterprise made its development blurred.Some enterprises in the absence of government led to the public interest was wantonly violated,and some government over-control makes public goods supply inefficient,the problems at different levels of state-owned public enterprise governance are reflected.In this context,the public interest is different degree of damage,making the community for the state-owned public enterprises there are many criticisms.To this end,the state-owned public enterprises in the process of governance must be clear to provide public goods and public services as the core of the public interest protection objectives,the government as a contributor and public service managers need supervise the state-owned public enterprises from different views.It is necessary to reconstruct the governance system of state-owned public enterprises in view of the lack of expression and supervision of public interest in the ownership structure,board of directors and board of supervisors of state-owned public enterprises.However,this kind of reconstruction is not done at the expense of the state-owned public enterprise autonomy.Although the expression of public interest is emphasized in the corporate governance,it should also give the enterprise autonomy and give full play to its value as the enterprise organization,to improve the efficiency of public goods supply.In fact,the state-owned public enterprises are faced with the dual pressures from the government and the market,this article is trying to solve how to balance the government and market relations in the maintenance of social and public interests,to achieve the quality of public goods supply and efficiency of the optimal.Therefore,this article based on the perspective of state-owned public enterprises,for its governance in the protection of public interest issues,the main contents are as follows:The first chapter of this article attempts to analyze and discuss the relationship between state public enterprises and public interests.Through the current situation and international practice of the reform of state-owned enterprises in our country,it is pointed out that there are some defects in the classification of state-owned enterprises in the commercial and public sectors,and the definition of state-owned enterprises is much vague.Based on the background of state-owned enterprise reform,State owned public enterprises need to redefine.Meanwhile,it elaborated on what is the state-owned public enterprises,state-owned public enterprises are excluded from the private supply to provide public goods and public services as the core of state-owned enterprises.In this context,the definition of public interest is particularly critical,in the face of many laws are in the public interest,as a result of the use of confusion in the public interest,and in the state-owned public corporate governance context,the public interest is to provide public goods and public services in fact.For this reason,the state-owned public enterprises take part in the supply of public goods of the modern government,providing efficient and high-quality public goods is the maintenance of public interests.Therefore,the state-owned public enterprise governance target is the public interest,namely the provision of public goods;and the supply of public goods also need to take the form of the enterprise in order to realize the pursuit of efficiency.The second chapter of this article on the current the phenomenon of state-owned public corporate governance damage to the public interest were listed one by one.As the state-owned public enterprises have not yet got rid of the unified state-owned enterprise governance mode,the protection of public interests is not the core of corporate governance.As a result,there are many problems,mainly concentrated in three aspects: First,due to unclear property rights,leading to governance objectives are not clear,the state-owned public enterprise governance is wavering in the preservation and appreciation of public interest.Second,because of the lack of government as a contributor,the state-owned public enterprises are easy to generate insider controlling,at the same time,because of the financial subsidies,it makes the management of the company’s thinking how to obtain subsidies,rather than promote the production of public goods and quality.Thirdly,due to excessive government intervention,the state-owned public enterprises lose their own value,in other words,become a subsidiary of the government departments.In this situation,these enterprises loss the autonomy,made the inefficiency of public goods supply;on the other hand,under the guise of state-owned public enterprises,these enterprises have become tools for government rent seeking.At the same time,this over-intervention and protection of the formation of administrative monopoly hinder the development of the market.The third chapter of this article specifically trying to solve the government’s lack of public interest protection in state-owned public enterprises,governance should be clear under the government intervention for the protection of public interest.Because of the "investor" status of the government in the state-owned public enterprises and the dual role of the government as the "manager" of public services,it is necessary to regulate government intervention from two perspectives.As a contributor to state-owned public enterprises,it is necessary to strengthen public interest protection in existing corporate governance.In the case of the ownership structure,the controller of the state-owned capital should be highlighted to clarify its decision-making power on public affairs.In the case of the board of directors,it is necessary to introduce the government directors and strengthen the performance of the independent directors to strengthen the demands of the board of directors to express the public interest.For the board of supervisors,the introduction of external supervisors should clear the public interest supervision function.As a manager of public service,the government needs to standardize the service behavior of enterprises,clear the mandatory contract and price restrictions,and the government should effectively manage and supervise the competitive advantage.The fourth chapter of this article emphasizes the efficiency,the public interest in the context of public goods supply contains the pursuit of efficiency,but the pursuit of efficiency is not blindly harm the public interest.It’s necessary to achieve government intervention and market intervention balance,Therefore,it is important to delineate the boundaries and dimensions of state-owned public enterprise autonomy.On the principle of perspective,it need establish the principle of proportionality in the boundary of government intervention and corporate autonomy regulation.Based on the enterprise’s control requirements and the appropriate incentive mechanism,the surplus autonomy of enterprises should be placed under the enterprise.Its concrete realization path tries to realize the enterprise autonomy regulation through the government power list.Through a list of government power,it will clear government intervention legitimacy basis,determine the autonomous boundary.With the form of enterprise to achieve the protection of public interests and public goods supply efficiency,and a combination of government intervention and corporate autonomy. |
