Legal Report on the Reform of State-Owned Enterprises (Volume 2)

Author: Qian Weiqing
Publisher:
Publish Date: 2005-06-01
Features: This volume includes eight sections: [High-Level Comments], [Frontier Observations], [Thematic Reports], [Judicial Perspectives], [Legal Practice], [Reform Exploration], [Comparative Reference], and [Regulatory Interpretation]. The [High-Level Comments] section features an article by Comrade Shao Ning on the reform of auxiliary businesses in the separation of main and auxiliary operations. This article was originally delivered by Comrade Shao Ning, Deputy Director of the State-owned Assets Supervision and Administration Commission (SASAC), at a joint experience-sharing meeting on the reform and restructuring of large and medium-sized state-owned enterprises held by SASAC, the Ministry of Labor and Social Security, the Ministry of Finance, and the State Administration of Taxation. With the generous 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 Financial and Economic Committee of the National People's Congress, discusses the "Five Reforms" of state-owned enterprises; Researcher Zhang Chengyao comments on the global recruitment program implemented by SASAC; Mr. Lin Qingmiao of SASAC researches the coordination between state-owned single-shareholder companies and the entire company law; Dr. Yuan Dujuan shares her views on the popular equity-for-debt scheme; and Lawyer Qian Liping examines the legal issues of ( is a Chinese term and should be translated as "" or "free transfer" if it refers to the transfer of state assets without compensation). The [Thematic Reports] section publishes an article by the book's editor, Mr. Qian Weiqing, titled "Policy and Legal Analysis of Reform Models for 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 restructuring. The second is by Procurators Yu Zhi Gang and Wang Nan Nan of the Qingdao Procuratorial Office, proposing suggestions for the civil prosecution rights of procuratorial offices in cases of state asset leakage. 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, and Mr. Wu Changhai. The [Reform Exploration] section aims to deeply discuss several major theoretical and practical issues in the reform of state-owned enterprises from a legal perspective, drawing on general experiences from around the world to provide guidance for China's state-owned enterprise reform. The [Comparative Reference] section compares the general practices of reform in China's financial industry to offer reference for the reform of non-financial state-owned enterprises. The [Regulatory Interpretation] section features an article by Ms. Zhang Ya, interpreting the "Interim Measures for the Administration of the Transfer of State-owned Enterprise Equity," an important regulation governing the transfer of state-owned equity.