The establishment, operation, and supervision of state-owned enterprises at all levels and in various categories are still in a state where there is no basis for them. First, because state-owned enterprises are state-run public enterprises, and second, they have assumed more social responsibilities, and it is far from enough to regulate them with the "Company Law" and other laws. The Law of the People's Republic of China on State-owned Enterprises is an important part of the laws, regulations, and rules of China's socialist public-owned economic legal system.
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In January 2023, the Law of the People's Republic of China on Rural Collective Economic Organizations (Draft), which was included in the legislative plan by the Standing Committee of the 13th National People's Congress and deliberated at the 38th meeting, was open to the whole society for comments.
Since the enactment of Article 8 of the Constitution "Rural Collective Economic Organizations" is carried out, the enactment of the "Law of the People's Republic of China on State-owned Enterprises", the refinement of the spirit of Article 7 of the Constitution on "state-owned economy" into law, and the management of state-owned enterprises at all levels in accordance with the law are the historical inevitability of the construction of the rule of law in the public ownership economy of China's basic economic system.
The following suggestions are put forward on the relevant legislative content of the State-owned Enterprise Law of the People's Republic of China:
1. The nature and status of state-owned enterprises. In the initial stage of socialism, the state adheres to the basic economic system with public ownership as the mainstay and the common development of economies under various forms of ownership. The basis of the socialist economic system is the socialist public ownership of the means of production, that is, the ownership of the whole people and the collective ownership of the working masses; The state-owned economy, that is, the socialist economy owned by the whole people, is the leading force in the national economy. The state guarantees the consolidation and development of the state-owned economy.
2. Adhere to the party's overall leadership over state-owned enterprises. This is the concrete embodiment of the spirit of the constitution that "the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics", and it is necessary to implement the party's leadership into the organizational system of state-owned enterprises, to the whole system, all links, and the most grassroots level, and to write the functional positioning of the party committee (party group) to "set the direction, manage the overall situation, and ensure the implementation" into the company's "articles of association".
3. The main body (investor) of the state-owned enterprise. The main body (investor) of the state-owned enterprise is the people at all levels, and the specialized agency is authorized to perform the duties of the investor of the state-owned enterprise, and it is stipulated whether the authorized specialized agency can be re-authorized; Straighten out the order of investment and operation that was originally funded by various departments, universities, and scientific research institutes; The establishment of state-owned enterprises should be combined with the development plan of the people's state-owned enterprises at all levels for feasibility study and analysis, and the establishment of parent companies, subsidiaries and grandchildren should be examined and approved step by step.
formulating a negative list system for state-owned enterprises to be entered; It is forbidden for township people to set up state-owned enterprises. Township people** must obtain special authorization to set up state-owned enterprises, or can only set up state-owned enterprises in specific industries such as tap water.
4. The governance model of state-owned enterprises. The modern enterprise system with Chinese characteristics is the direction of the establishment and reform of state-owned enterprises, and the company system is an important organizational form of the modern enterprise system.
5. Regulatory agencies of state-owned enterprises. First of all, whether to adhere to the organic unity of the responsibilities of state-owned enterprise investors and the supervision of state-owned assets, that is, hierarchical supervision; The second is general supervision, and the regulators not only have the dual identity of the investors of state-owned enterprises and the supervisors of state-owned assets at the same level, but also have the responsibility of leadership and guidance for the lower-level regulators.
6. Process supervision of state-owned enterprises. Ex-ante supervision for establishment, holding, equity participation, etc.; The supervision in the process is mainly the preservation and appreciation of state-owned assets, the management of development goals, etc.; Ex-post supervision includes revocation, merger, division, etc., and the establishment and improvement of the exit mechanism of state-owned enterprises.
7. Supervision of key areas of state-owned enterprises. * Supervision with operational safety. Implement the overall national safety responsibility and fulfill the main responsibility for production and operation safety; State-owned enterprise asset supervision. Achieve the goal of asset preservation and appreciation, and dispose of assets in violation of legal liability; Development decision-making supervision. Ensure the realization of enterprise development goals, and implement lifelong accountability for illegal decisions; Human resources supervision. It includes the principle of fairness, justice and openness, the principle of ensuring the relative stability of labor relations and the principle of assuming social responsibility, the principle of being able to go up and down, and the principle of performance-based assessment; Profit and loss regulation. In addition to making up for losses, the profits obtained are mainly used for enterprise development, and clearly stipulate that dividends will be distributed to the financial department at the same level; Fulfill social responsibility supervision. Undertaking social responsibility is an inevitable requirement of the nature and status of state-owned enterprises, and the regulatory authorities have issued the "Provisions on Fulfilling Social Responsibility Reports", and state-owned enterprises should publish annual reports on a regular basis.
8. Democratic governance. It is stipulated that trade unions in state-owned enterprises should be established and occupy a considerable proportion of seats on the board of directors of the company, give full play to the functions and roles of the workers' congress, establish and improve special channels and institutionalized tools for democratic governance, and fully implement democratic governance through means such as inspections and inspections by party committees (party groups).
9. Legal Liability. Including the responsibilities of regulatory agencies, the main responsibilities of state-owned enterprises, and the responsibilities of middle and senior managers.
10. The Law of the People's Republic of China on State-owned Agricultural (Forestry, Animal Husbandry and Fishery) Farms was formulated at the same time. Solve the problem that the production and operation of state-owned agricultural (forestry, animal husbandry, and fishery) farms cannot be relied upon for a long time.
Only by marching on the track of the rule of law can state-owned enterprises achieve healthy and long-term development. List of high-quality authors Further reading of this article:
The legislation on rural collective economic organizations needs to focus on the core provisions rather than the details";
The Law on Village Economic Associations is the basic law of "developing village-level collective economy".