Is it possible for state owned enterprises to improve the modern enterprise system so that state own

Answer]: The establishment of a modern enterprise system with public ownership as the main body is the direction of reform of state-owned enterprises, and its basic characteristics are clear property rights, clear rights and responsibilities, separation of government and enterprises, and scientific management.

1) Clear meaning of property rights:

In a general sense, the property rights relationship is clear, that is, the ownership of state-owned assets in the enterprise belongs to the state, and the enterprise owns all the legal person property rights invested by investors, including the state, and becomes a legal entity that enjoys civil rights and bears civil liability. To clarify the property rights relationship is to use the law to define the relationship between the investor and the enterprise, that is, the property rights relationship, and clarify the respective rights, obligations and responsibilities. To straighten out the property rights relationship of state-owned enterprises, it is necessary to make it clear that the ownership of state-owned capital in enterprises belongs to the state, to establish the main body of property rights of state-owned assets, and to clarify the rights, obligations, and responsibilities of the main body of property rights.

Specifically, as far as state-owned enterprises under the modern enterprise system are concerned, the state of their property rights relationship should be that the ownership of enterprise assets belongs to the investors of the enterprise, that is, whoever contributes capital to the enterprise has the ownership of the enterprise assets. The ownership of state-owned assets in an enterprise belongs to the state; The ownership of non-state-owned assets in an enterprise belongs to its investors. The legal person property rights of the assets of an enterprise belong to the enterprise and are specifically exercised by the enterprise operator as the legal representative of the enterprise.

Regardless of who contributes to the formation of enterprise assets, including enterprise assets formed by state contributions, the control of the enterprise belongs to the enterprise and is exercised by the legal representative of the enterprise.

2) Ways for state-owned enterprises to achieve clear property rights:

Determine the exclusive property rights of state-owned assets. In order for market transactions to run smoothly, it is necessary to define property rights, determine who has the right to do what, and establish the corresponding property rules.

Form an efficient ownership structure of state-owned assets. In order to overcome the laziness and "free-riding" behavior among the owners of various factors within the enterprise in team production, it is necessary to clearly define the rights and obligations between the investors, operators and producers of the enterprise, form a set of incentive and restraint rules that can improve the efficiency of the enterprise's property rights structure, and improve the internal governance structure of the enterprise to reduce transaction costs.

Form effective protection of ownership of state-owned assets. This includes the protection of property rights by the parties to a contract by exercising the right of withdrawal, and the protection of property rights by the legal system by imposing penalties for any violation of existing property rights and the resulting deterrent force.

Answer]:BAnswer】B. Analysis:

According to the amount of capital contribution, the investors of the enterprise enjoy the rights of the owner's equity, that is, the benefit of the assets, the right to participate in the major decision-making of the enterprise, the appointment of managers and the transfer of equity; When an enterprise goes bankrupt, it bears a corresponding limited liability for the debts of the enterprise. The enterprise operator shall have the right to possess, use, dispose of, and lawfully dispose of the property of the enterprise legal person formed by the investor's capital contribution, and shall bear the responsibility for maintaining and increasing the value of the owner's assets, and shall bear limited liability for its debts with all the legal person property of the enterprise. Items a, c, and d are the rights of the government.

Answer]: The investors of enterprise B enjoy the rights and interests of the owners according to the amount of their capital contributions, that is, the assets benefit from the rights to participate in the major decision-making of the Yuandan enterprise, hire business managers and transfer equity; When an enterprise goes bankrupt, it bears the corresponding limited liability for the debts of the enterprise, and the enterprise operator has the right to possess, use, dispose of and legally dispose of the property of the enterprise legal person formed by the capital contribution of the investor, bears the responsibility of maintaining the value of the owner's assets and increasing the value of the rotation, and bears limited liability for its debts with all the legal person property of the enterprise. Items a, c, and d are all rights.

Answer]: C1) Option A: State-funded enterprises refer to state-funded wholly state-owned enterprises, wholly state-owned companies, state-owned capital holding companies, and state-owned capital shareholding companies.

2) Option B: The enterprise knows that the state-owned assets belong to the state, that is, the whole people will dismantle and quietly own. Exercising ownership of state-owned assets on behalf of the state.

3) Option D: The state-owned assets of the enterprise refer to the rights and interests formed by the state's various forms of capital contribution to the enterprise.

The connotation of the basic dismantling key of the state-owned assets management system includes the following:

The relationship between state-owned asset management institutions and national economic regulation and control institutions, the realization of the ownership of state-owned assets, the functional allocation of state-owned asset management institutions, the implementation of state-owned capital operation, and the supervision and management system of state-owned enterprises.

The management system of state-owned assets

State-owned asset management system is a general term for the establishment and responsibilities of state-owned asset management institutions, as well as the management methods and methods.

The state takes property rights as the basis, aims to improve the economic and social benefits of the operation of state-owned assets, and carries out management activities for the possessors and users of assets. The main body of state-owned asset management is the state (**), but it is based on property ownership, and the identity of asset owners and asset operators is equal, and it does not have super-economic coercion.

The macro management system of state-owned assets should contain the basic organizational form

1. State-owned Assets Supervision and Administration Commission

The State-owned Assets Supervision and Administration Commission is formed and led by the first functional department, responsible to the National People's Congress and subject to the supervision of the National People's Congress, its main responsibility is to represent the state to exercise the highest ownership of state-owned assets, in accordance with the Constitution to exercise the right to investment income of state-owned assets, the right to dispose of assets and the right to supervise and manage, the promulgation of state-owned assets management laws and regulations.

Draft a law on the management of state-owned assets and organize its implementation after submitting it to the National People's Congress for approval. The State-owned Assets Supervision and Administration Bureau established by the people at all levels shall exercise the ownership of state-owned assets in the region on behalf of the people's congress at the same level, and shall be supervised by the people's congress at the same level.

2. Specialized institutions for the management of state-owned assets

State-owned assets management specialized agencies are the State-owned assets supervision and administration commission of the permanent office, its main responsibility is to implement the state-owned assets key assets supervision and administration of the resolutions, decisions, on behalf of the exercise of daily administrative functions, the organization of the formulation of relevant laws and regulations, system.

Supervise property rights operators and enterprise legal persons, and be responsible for the basic work of state-owned asset management, such as property rights market, asset appraisal, asset clearance and capital verification, property rights definition, income distribution, property rights registration and various paperwork.