Legal Report on the Reform of State-Owned Enterprises. 2

Author: Qian Weiqing et al.
Publisher:
Publish Date: 2005-06-01
Features: The Legal Report on State-Owned Enterprise Reform compiles research findings and practical experiences from various fields, focusing on the extensive legal issues involved in China's state-owned enterprise (SOE) reform. It reflects the close integration of reform practices and legal practices. This content is particularly important and essential in the current practice of SOE reform. Reading this book is highly beneficial because it offers a perspective different from our past views, seriously considering and evaluating our reform practices from a legal standpoint. It is not only necessary for the rule-of-law-based governance of SOE reform but will also benefit us greatly in future reform practices.
—Shao Ning (Vice Chairman of the State-owned Assets Supervision and Administration Commission)
State-owned enterprise reform is not only a major socio-economic transformation but also a complex legal process that should be conducted entirely in line with the rule of law. The Legal Report on State-Owned Enterprise Reform provides excellent ideas and suggestions for us to carry out SOE reform in a standardized and orderly manner.
—Jiang Ping (Renowned Legal Scholar, Former President of China University of Political Science and Law)
Adhering to legal concepts and methods should be a fundamental principle of SOE reform. SOE reform urgently needs the support of legal theory, and The Legal Report on State-Owned Enterprise Reform provides a great platform for exchange, deepening the research on legal issues in SOE reform.
—Wang Baoshu (Renowned Legal Scholar, President of the China Society of Commercial Law)
As the core content of China's overall economic system reform, SOE reform requires the common concern and participation of people from all walks of life, including economists and legal scholars. The Legal Report on State-Owned Enterprise Reform showcases the latest views from the legal community on SOE reform, offering us a brand-new perspective for thinking about issues in SOE reform.
—Wen Yuankai (Renowned Economist, Director of the Asian Capital Forum)
This volume features eight sections: [High-Level Commentary], [Frontier Observations], [Theme Reports], [Judicial Perspectives], [Legal Practice], [Reform Exploration], [Comparative Reference], and [Regulatory Interpretation].
The High-Level Commentary section includes an article by Comrade Shao Ning on the reform of main-subordinate separation and auxiliary business, originally delivered by Comrade Shao Ning, Vice Chairman of the State-owned Assets Supervision and Administration Commission, at the experience-sharing meeting on the reform and separation of main-subordinate units in large and medium-sized state-owned enterprises jointly organized by the Commission, the Ministry of Labor and Social Security, the Ministry of Finance, and the State Administration of Taxation. With the great support of Comrade Shao Ning, the article was revised and contributed to this book.
The Frontier Observations section includes five articles: Mr. Zhu Shaoping, Director of the Economic Law Office of the National People's Congress Financial and Economic Committee, discussing the five reforms in SOE reform; Researcher Zhang Chengyao commenting on the global recruitment program implemented by the State-owned Assets Supervision and Administration Commission; Mr. Lin Qingmiao of the Commission researching the coordination between state-owned single-shareholder companies and the entire company law; Dr. Yuan Dujuan sharing her views on the popular stock-for-debt scheme; and Lawyer Qian Liping studying the legal issues of of state-owned assets.
The Theme Reports section publishes an article by the book's editor, Mr. Qian Weiqing, titled Policy and Legal Analysis of the Reform Models of Central Enterprises.
The Judicial Perspectives section includes two articles. The first is by Judge Liu Min of the Civil Second Tribunal of the Supreme People's Court, discussing the principles for handling omitted debts in enterprise reform. The second is by Procurators Yu Zhi Gang and Wang Nan Nan of the Qingdao Procuratorial Office, proposing suggestions for the civil prosecution power of procuratorates in cases of state-owned asset losses.
The Legal Practice section is a highlight of the book, featuring six articles by Mr. Wang Jun, Mr. Meng Gang, Mr. Li Zhihui, Mr. Ma Weishan, Mr. Wu Changhai, and others.
The Reform Exploration section aims to deeply discuss several major theoretical and practical issues in SOE reform from a legal perspective, integrating general experiences from around the world to provide guidance for China's SOE reform.
The Comparative Reference section compares the general practices of reform in China's financial industry, offering reference and guidance for the reform of non-financial state-owned enterprises.
The Regulatory Interpretation section publishes an article by Ms. Zhang Ya, reviewing the Interim Measures for the Administration of the Transfer of State-owned Enterprise Equity, an important regulation governing the transfer of state-owned equity.