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Following the establishment of the SASAC, the May 27, 2003 the State Council promulgated the Needless to say, the Ordinance to make up for state-owned assets supervision and management gaps in the legal system for China's state-owned assets, the establishment and operation of regulatory bodies to provide a legal basis for state-owned assets supervision of the rule of law onto the road. 2004 reform of state-owned assets, full speed, the efforts to develop the relevant laws and regulations are also on the agenda. But from the perspective of administrative law, especially from the Executive Organization Act of the perspective of state-owned assets supervision and operation of the establishment, ignoring the place, the inadequacies of people worrying. I called for as soon as possible,
to the main goal of state-owned assets, supplemented by social and public goals. Establish the principle that, while adhering to the administrative legal, reasonable, under the general principle of performance by all levels of government based on government-funded separately, the establishment of the principle of division of labor between government and enterprises, and in accordance with the rights, obligations and duties and administering assets, people, steward the principle of combining operation. Chapter II, defined the state-owned assets management organizations legal status. Which provides that: The name of the state-owned assets management organizations as and the State Department counterparts. SASAC is the central ministerial level directly under the State Council, an ad hoc body, the State Department reporting directly to the Premier. Provincial and local level committees and other national assets, state-owned assets management institutions set up by the appropriate government and be accountable. Central, provincial and municipal (prefecture) level between the state-owned assets management organizations has no administrative affiliation. SAC SAC superior guide the work of subordinates. In view of the state-owned assets supervision and administration institutions should not be too much, no county SASAC, the state-owned assets supervision and administration institutions can only legal form of higher non-SAC agency, or legal forms of asset management companies. [2], Chapter III, summarized the provisions of the state-owned assets management organizations and business institutions. SASAC set a chairman, vice chairman of two to four people, members of five to ten people. These officers should not be serving head of party and government departments, but should be full-time independent professionals. SASAC Director is responsible for the implementation of the system. SAC policies and regulations inside the office, planning and licensing office, capital management office, capital budgeting and evaluation office, the office of profit and the disposal of assets, personnel for the nomination and appointment and removal of office, audit and oversight offices. Can work to the local SASAC and the principle of simple, small design staff or office.
Second, the higher levels of both laws involving the state-owned assets supervision and comprehensive, but the significance. I believe that the regulation has the following main elements: the first chapter, the general part, clearly defined state-owned assets management organizations to establish the legal basis, purpose, goals and principles. That state-owned assets management organizations are based on the Constitution, Established for the purpose and the purpose is clear and established state-owned assets management method. Established for the purpose and objectives are clear state-owned assets management organizations and members of the administrative functions and responsibilities, standardized procedures for its operation, to ensure rule of law.
a formulation of the Draft, try to figure out the 10-year , the establishment of the organization, personnel system of sanctions, the institutions themselves neither involved in the supervision and other issues. The establishment of local SASAC, the more there are no standard terms of reference specifically, the lack of specific guidance and enforceable. By the end of 2004, the SASAC, the vast majority of provinces and municipalities to set up municipal-level regulatory agencies also have established by law, [1] Therefore, stepping up the introduction of
2. Will help to prevent government abuse of executive power. The establishment of the central SASAC owner of state assets before the end of the long-term absence, Executive power of the SASAC is the central government is still taking the reforms have been guided by the Local state-owned assets management organizations affairs more specific, micro, involving more state-owned assets, if not to the functions defined under the law, statutory body, will be prepared, certainly can not effectively prevent the abuse of executive power, local government rent-seeking, corruption of officials occurred. Set up a special More articles related to topics:
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