国有企业出资人与经营者关系的法治模式探析-法律学专业论文.docxVIP

Abs Abstract PAGE PAGE VI Abstract Since the reform and opening up, state-owned enterprises has been in a central link in the reform of state-owned enterprises,which made significant achievements, at the same time resulted two problems:one is the loss of state assets and the other is poor operational efficiency of state-owned assets of the .The reason for the loss of state assets is to be attributed to the state-owned enterprises” internal control “, and the reason for the operation of inefficient state-owned assets is to be attributed to not fully market-oriented operation of state assets, but in essence it is classified as a State-owned Assets Supervision and Administration System imperfections.In order to ensure the normal development of state-owned enterprises,state-owned enterprises must focus on the relationship between investors and management, and establish and improve the state-owned assets supervision and management system.The relationship between state- owned enterprises investor and operators performances to be the relationship between the principal and the principal-agent.Even though relationship between the two is not strictly legal sense, its nothing wrong to analyze them with such a perspective.In the principal side, you need to confirm and clarify the ownership of its power to ultimately vest ownership boundaries; at the agent side, the agent needs to clarify its authority and assigned its interest to make reasonable arrangements.On this basis, the relationship between the two to be included within the scope of corporate governance contemplation, ought to be able to find the state-owned enterprises and operators investor relations. This paper argues that the countrys state-owned enterprises is contained as a direct investor in the business.State-owned assets supervision and administration represent the state-owned enterprises to fulfill the responsibilities of investor.State-owned assets investors have multiple identities and goals,and all levels