论我国国有股权信托法律制度的构建

发布时间：2018-07-03 20:15

本文选题：信托 + 国有股权　；参考：《中南民族大学》2015年硕士论文

【摘要】：国家要建立现代企业制度,先从一部分经济效益较好的国有企业开始,将其改造成股份制企业。这样我国国有企业制度逐渐发展成为国有股占主导地位的现代企业制度模式,国家对国有企业的管理从之前的以授予经营权的方式转变为以股东方式进行股权管理。如何使得国有股权良好的运营,实现国有资产的保值增值成为国有企业要解决的重大问题。国家只是一个抽象的概念,无法亲力亲为的实际行使国有股权,国有资产监督管理机构只是名义上的国有股权行使主体,由于其性质的限制,不能够直接经营国有资产,进而追求国有股权的间接行使。本文旨在通过将发达国家相对成熟的信托法律制度与我国国有股权间接行使的需要结合起来,探索构建国有股权信托制度,为国有股权的间接行使开辟新的路径。本文包含引言、正文和结语三大部分,其中正文部分共分为以下四章:第一章是国有股权信托基本理论部分,本章在对信托的概念、国有股权信托的概念及其内涵分析的基础上,提出双重所有权以及财产独立性是国有股权的构成要素。第二章是我国建立国有股权信托制度必要性和可行性研究。我国国有资产流失严重,国有股权行使过程行政干预过多,为了促进国有股权行使市场化,有必要建立国有股权信托制度来更好地解决这些问题,而现实中信托法律体系与信托理论的不断完善使得建立国有股权信托制度成为可能。第三章是关于国有股权信托法律关系之设计,这是文章的重点。国有股权信托是应当以国有股的运营机构为委托人,以具有资产管理能力的信托机构为受托人,最终的受益人是国家和全体人民的制度设计。此部分还介绍了国有股权信托的成立及生效之规则。第四章是构建国有股权相关的法律制度,是文章的另一个研究重点。信托制度功能的良好发挥离不开受托人制度的完善,由国有股权监督管理委员会作为监督人以完善国有股权信托监督机制,并且要创设国有股权信托登记制度以保障国有股权交易安全。
[Abstract]:To set up a modern enterprise system, the state should start with a part of state-owned enterprises with better economic benefits and transform them into joint-stock enterprises. In this way, the state-owned enterprise system in China has gradually developed into a modern enterprise system model in which state-owned shares occupy a dominant position, and the management of state-owned enterprises has changed from the way of granting management rights to that of shareholders. How to make the state-owned equity run well and how to maintain and increase the value of state-owned assets has become a major problem to be solved by state-owned enterprises. The state is only an abstract concept, and it cannot actually exercise state-owned equity by itself. The supervision and administration agency of state-owned assets is only the subject of the exercise of state-owned equity in nominal terms. Because of its nature restrictions, it cannot directly operate state-owned assets. Then pursue the indirect exercise of state-owned equity. By combining the relatively mature trust legal system of developed countries with the need of indirect exercise of state-owned equity in China, this paper aims to explore the construction of state-owned equity trust system and open up a new path for the indirect exercise of state-owned equity. This paper includes three parts: introduction, text and conclusion, in which the text is divided into the following four chapters: the first chapter is the basic theory of state-owned equity trust, this chapter is about the concept of trust. On the basis of the analysis of the concept and connotation of the state-owned equity trust, it is pointed out that dual ownership and property independence are the constituent elements of the state-owned equity. The second chapter is the necessity and feasibility study of establishing the state-owned equity trust system in China. In order to promote the marketization of state-owned equity, it is necessary to establish the system of state-owned equity trust to solve these problems better. In reality, the perfection of trust law system and trust theory makes it possible to establish state-owned equity trust system. The third chapter is about the design of the legal relationship of state-owned equity trust, which is the focus of the article. State-owned equity trust is a system design which should take the operating institution of state-owned shares as the trustor and the trust institution with the ability of asset management as the trustee and the ultimate beneficiary is the state and the whole people. This part also introduces the establishment and effective rules of state-owned equity trust. The fourth chapter is the construction of state-owned equity-related legal system, is another focus of the article. The good function of the trust system can not be achieved without the perfection of the trustee system. The state-owned equity supervision and management committee acts as the supervisor to perfect the supervision mechanism of the state-owned equity trust. And to create a state-owned equity trust registration system to protect the security of state-owned equity transactions.
【学位授予单位】：中南民族大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28

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