国有股减持主体权益问题研究

发布时间：2019-01-08 19:52

【摘要】：国有股减持问题一直是困扰我国经济发展的重要问题,如何贯彻国有股减持,更好的完善中国特色社会主义经济制度还有待于进一步探索。国有股减持既是经济问题,又需要法律的保障。今年十八届三中全会上,强调了深化经济体制改革是改革的重点,明确市场在资源配置上的决定性作用,并充分发挥政府的作用。同时,也强调要坚持和完善基本经济制度,完善现代市场体系,构建开放型经济体系。而在十八届四中全会上,则要求全面推进依法治国,贯彻中国特色社会主义法治理论。在这样一个经济与法律并重的契机之下,进一步改进国有股减持,保障经济经济发展稳定势在必行。目前国有股减持问题的研究方向多以减持方式以及定价研究为主,没有充分考虑到国有股减持中各个主体的权益和责任等问题。但是主体权益能否得到保护以及责任能否落实涉及到国有股减持能否顺利进行,以及各主体对待国有股减持的积极性问题,因此,本文力求从国有股减持的主体角度出发,寻求主体权益的保护和责任的落实,从而解决国有股减持中的后顾之忧。本文从国有股减持的基础内容入手,通过采取文献研究等方式,对过往的文献以及社会现实的研究进行国有股减持的进一步探索,从而探索出一条更为完善的国有股减持法律路径来进一步规制国有股减持,使国有股减持更加适应市场和国家的需求。从国有股减持目前的研究成果来看,国有股减持无论从方式还是范围上来看还都有待进一步的发展。但是进一步进行减持势必会影响到各个主体的利益,如政府、国有股股东、流通股股东以及债权人等。因此,需要进一步的明确减持中存在的保护机制不完善的问题,从而完善法律机制,保障国有股减持有序进行。国有股减持所涉及到的主体的权益以及监督主体的职能,目前国有股减持中各个主体的权益保护中存在问题,以及监督主体在监督过程中也存在一些问题。在国家既作为股权所有人又作为减持监督者的双重身份之下,相关主体的权益受到了一定的影响。本文对解决国有股减持的困境,把主体权益提高到一定地位,实现坚持以人为本具有重要意义。
[Abstract]:The issue of the reduction of state-owned shares has always been an important problem in the economic development of our country. How to carry out the reduction of state-owned shares and improve the socialist economic system with Chinese characteristics need to be further explored. Reduction of state-owned shares is not only an economic problem, but also needs the protection of the law. At the third Plenary session of the 18th CPC Central Committee this year, it was emphasized that deepening the reform of the economic structure is the focus of the reform, and the decisive role of the market in the allocation of resources is clearly defined, and the role of the government should be brought into full play. At the same time, we should insist and perfect the basic economic system, perfect the modern market system and construct the open economy system. At the fourth Plenary session of the 18th CPC Central Committee, it is required to comprehensively promote the rule of law and implement the theory of socialist rule of law with Chinese characteristics. Under such an opportunity of equal emphasis on economy and law, it is imperative to further improve the reduction of state-owned shares and ensure the stability of economic development. At present, the research direction of the reduction of state-owned shares is mainly on the mode of reduction and pricing, without fully considering the rights and responsibilities of each main body in the reduction of state-owned shares. However, whether the rights and interests of the main body can be protected and whether the responsibility can be carried out involves the smooth progress of the reduction of the state-owned shares and the enthusiasm of the main bodies in dealing with the reduction of the state-owned shares. Therefore, this paper tries to proceed from the angle of the main body of the reduction of the state-owned shares. To seek the protection of the rights and interests of the main body and the implementation of responsibility, so as to solve the worries in the reduction of state-owned shares. Starting with the basic contents of the reduction of state-owned shares, this paper, by means of literature research and other methods, makes further exploration on the reduction of state-owned shares in the past literature and the study of social reality. Thus, it explores a more perfect legal path to reduce state-owned shares to further regulate the reduction of state-owned shares, so that the reduction of state-owned shares more adapt to the needs of the market and the country. According to the current research results of state-owned stock reduction, the state-owned share reduction needs to be further developed both in terms of mode and scope. But further reduction will inevitably affect the interests of all parties, such as the government, state-owned shareholders, tradable shareholders and creditors. Therefore, it is necessary to further clarify the problems of imperfect protection mechanism in the reduction of holdings, so as to perfect the legal mechanism and ensure that the reduction of state-owned shares is carried out in an orderly manner. The rights and interests of the main body involved in the reduction of state-owned shares and the functions of the supervisory main body, at present, there are problems in the protection of the rights and interests of each subject in the reduction of the state-owned share holdings, as well as some problems in the supervision process of the supervisory subject. Under the dual status of the state as both owner and supervisor, the rights and interests of relevant subjects have been affected to a certain extent. This paper is of great significance to solve the predicament of state-owned stock reduction, to raise the rights and interests of the subject to a certain position and to adhere to the people-oriented approach.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.291

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