Research On The Legislative Perfection Of State-Owned Company System From The Perspective Of Company Law Amendment

The fifth revision of the "Company Law" in my country has begun.The draft revision is positioned as "systematic modification and improvement",and a certain system adjustment has been made to the current "Company Law".This revision has shifted from the focus of the state-owned company itself to the focus of the entire Chinese enterprise and social responsibility,and is determined to establish a non-profit state-owned company system with Chinese characteristics.It not only joined the concept of "national capital company",but also connected with the "State-owned Assets Law of the People’s Republic of China"(hereinafter referred to as the "Enterprise State-owned Assets Law"),expanding the connotation of state-owned companies.And the state-owned company is listed in Chapter 6,named "Special Regulations for State Corporations".In terms of definition,the amendment to the definition of state-owned companies is even more rigorous,incorporated into state-owned capital holding companies and state-funded companies,and further promoting the long-term and deep development of state-owned companies.Prior to the introduction of this revised draft,the "Company Law" only had regulations on state-owned wholly state-owned companies.It was not too narrow during practice applications,which caused the management of local governments to be arbitrarily greater,resulting in "chaos".Another major feature of this revision is to join the party’s leadership role in state-owned companies.It affirms the reform of the party organization into the state-owned company.Response of this concept.To sum up,the draft amendment has been systematically summarized and sorted out of some problems that previously existed in legal practice.However,there are more than the above-mentioned room for improvement in Chinese companies.Since my country’s "Corporate Law" is formed by absorbing foreign laws from foreign countries under the influence of the Soviet system.The legislative system will inevitably be slightly chaotic,and many problems are derived.One is that my country does not have a clear connotation and extension of state-owned companies.Whether it is a wholly state-owned company or a state-funded company,it only exists in a general concept in the "Company Law".It still requires relevant institutions to make a clear definition of state-owned companies.The second is that the corporate governance structure of state-owned companies is insufficient,and the functions of the board of directors of state-owned companies are too weak.Some companies have the phenomenon of overhead boards and the absence of the internal encouragement mechanism and regulatory mechanism of the state-owned company.The third is that state-owned companies lack a unified legal system,and many regulations are scattered in the laws of commercial departments such as the Securities Law or in single-line laws such as the "Enterprise State-owned Assets Law".State the state-owned company in the "Company Law" in the absence of a scientific legislative system to make it embarrassing in the "Company Law".In the academic circles the sound of.Therefore,if you want a state-owned company to continue to survive within the framework of the "Company Law",you cannot just fine-tune some provisions.This article starts with the theoretical connotation of state-owned companies and theoretical contradictions in reality.By digging the lack of legal governance of state-owned companies and analyzing how to make the state-owned company system better reaction to the market economy within the "Company Law".From this method of viewing the legal foundation and the reference of the external system,gradually improve the legal system of my country’s state-owned company.In terms of reference domain foreign company systems,it mainly analyzes the three countries of the United States,Germany and Singapore,summarizes the systems and management characteristics of various countries,and summarizes the place where my country is appropriate.In terms of defining the connotation of state-owned companies,a model of adopted appearance standards plus substantial standards define state-owned companies.In terms of regulatory state-owned companies’ legal person structure management,we can adjust the establishment of institutions in my country,accurately locate the functions of the board of directors,further clarify the party organization in the internal position of the state-owned company,and continue to retain the setting of the board of supervisors in state-owned companies,solve the problem of lack of legislation in supervisors Essence In terms of the legislative system of unified state-owned companies,by coordinating the relationship between various departments and the revision of the "Company Law",the laws of other departments are abolished with the conflict of the provisions of the state-owned company in the "Company Law" and the concept of re-coexistence.