企业国有资产监管法律制度研究

The state-owned assets of the enterprises are an important tool to make up for market failure.It has the double pressure between market failure and government failure，based on public power properties of state ownership.So it determines the need for the regulation of the state-owned assets of the enterprises.Regulatory effectiveness depends on the game and balance between state public power and market private rights.Therefore，the regulation of the state-owned assets of the enterprises hinges on the market positioning on the state-owned assets of the enterprises，that is to say，the main function of state-owned assets of the enterprises is to better achieve our democratic constitutional system，service on the cultivation and development of civil society and make up for market failure.From Market Regulation Law system of the sense of Economic Law，this thesis analyzes the issue of the regulation of the state-owned assets of the enterprises，combined with economics and through the analysis of our current“State-owned Assets of the Enterprises Law”and“Provisional Regulations on State-owned Assets of the Enterprises Supervision and Administration”and other relevant laws and regulations.First，this thesis makes the legal interpretations to the concept，characteristics and functions of value of the regulation and the state-owned assets of the enterprises，which is the legal basis of the legal construction of the regulatory mode of the state-owned assets of the enterprises.Secondly，from the regulatory power of the legal sense about the state-owned assets of the enterprises，this thesis refines the regulatory mode of the state-owned assets of the enterprises，analyzes and summarizes the different types and the learning experience of the regulatory mode of the state-owned assets of foreign enterprises，and analyzes the status of the regulatory mode of the state-owned assets of Chinese enterprises.Thirdly，in view of the existed problems and the dialysis of the deep-seated causes of the regulatory mode of the state-owned assets of Chinese enterprises，combined with foreign experience of the state-owned assets of the enterprises，this thesis puts forward the logic premises of he legal construction of the regulatory mode of the state-owned assets of Chinese enterprises，including state ownership and the selection of the regulatory mode of the state-owned assets of the enterprises；Chinese social transition and the selection of the regulatory mode of the state-owned assets of the enterprises；foreign experience and the selection of the regulatory mode of the state-owned assets of the enterprises.On this basis，the legal construction of the regulatory mode of the state-owned assets of Chinese enterprises should be pushed forward at different levels：both national regulation，social regulation and corporate governance，strengthening social regulation；both legislative regulation，administrative regulation and judicial regulation，strengthening legislative regulation；coordinate regulation between full-time regulation sector and other regulatory functions.Finally，this thesis describes the liability and relief system of the regulation of the state-owned assets of the enterprises.For a long time，the reason for lack of justiciability of specific systems of Economic Law，including the regulation of the state-owned assets of the enterprises，does not lies in no independent proceedings of Economic Law，but lies in the lack of constitutional review procedure，public interest litigation system and the inadequate judicial protection in private interest litigation system.In addition to traditional civil action，administrative action and criminal action，the constitutional review procedure and the Public Interest Litigation system should become a top priority of the construction of the liability and relief system of the regulation of the state-owned assets of the enterprises！From the sense of the Economic Law，this thesis tries to examine the regulation of state-owned asset of enterprises in rational perspective，in order to do less for more.This thesis tries to break the limits of the laws and regulations such as“State-owned Assets of the Enterprises Law”，and make a reflection and reconstruction for the system of sponsorship of the state-owned assets of enterprises.On basis of overseas experience，it tries to perfect our country's legal system design for regulatory mode for the state-owned assets of enterprises，and construct the legal system of the regulation for the regulators，state-owned assets of enterprises regulation responsibility and the relief system.The thesis tries to construct a complete legal system for state-owned assets regulation and rises up suggestion and countermeasures for its legislation.In a word，it helps to perfect the system info of the Economic Law as well as the practice of the regulation of state-owned assets of enterprises.Key Words：State-owned Assets in Enterprises；State Ownership；Regulatory Power；Regulatory Mode；Horizontal Power Allocation

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