论行政法对国有资产安全保障的研究-宪法学与行政法学专业论文.docxVIP

1 1 2 2 Abstract As the report in the 16th Plenary Session of Chinese Communist Party points out, the perfection of the mechanism of state-owned assets management and supervision has become the guarantee of successfully achieving goals set for the reforms of state-owned enterprises and will direct the further reforms of the supervision mechanism of state-owned assets and provide theoretic basis and guidance for the poststate-owned enterprise era. With the deepening reforms of state-owned enterprises, the issue of preserving and appreciating state-owned assets has become increasingly important, which decides the success or failure of state-owned enterprises’ reforms and structural adjustments. Therefore, it has become a hot issue in the researches concerning the state-owned assets to figure out the problems existing in the preservation and appreciation of sate-owned assets and find out countermeasures suitable for Chinese reality. Based on the reality, this thesis reaches the conclusion that the sat-owned assets focus on the interests of government, state and society with pursuit of profits in no way the ultimate aim, although it shares the fundamental features of assets. Because they are the belongings of the state and remedies for the allocation of market. Since China’s reform and opening up, we have created the socialism market economy in which the principal part is public economy while the non-public economy is supplementary and gradually been deepening understanding regarding the legal status of state-owned assets. Grounded on the various natures of state-owned assets, this thesis analyzes the state-owned assets from the perspectives of public and private laws and makes sure that they are in accord with the interests of the state and society so as to realize equality, freedom, efficiency and order. In the traditional system, the government and assets, the government and enterprises are not separated, which leads to many problems such as too many approvals in tra