国有股权行使研究

发布时间：2018-01-28 12:51

本文关键词： 国有股权股权行使行使主体行使方式　出处：《山西大学》2011年硕士论文　论文类型：学位论文

【摘要】：从上个世纪九十年代末开始我国国有企业为了顺应社会发展,进行了股份制改革,至今,国有股权制度的建设成果显著,现在处于“后股改时期”,公司股份制改造已基本完成,但国有股权毕竟表现出很多与一般的股权不同的特点,在股权行使的过程中不免遇到困境,基于此,国有股权行使成为后股改时期中比较棘手的一个问题。而且国有股权作为股权的一种,其权利能否得到积极有效的行使,会直接影响到国有股权持有者的经济利益；同时,国有股权作为一种比较特殊的股权在我国占有相当大的比例,其行使将不可避免地影响到社会的稳定和发展。笔者从国有股权概述和国有股权行使的法律属性分析入手,确定国有股权行使不同于一般股权行使的原则、内容。并以此为依据,着重分析国有股权行使的主体和方式,并针对性提出相关立法完善建议。论文主要内容分五部分：第一部分“国有股权的概述”。首先将各个国家国有股权的分类进行介绍,进而将国有股权与一般股权相比较,分析了国有股权具有股权主体身份特殊和行使目的特殊等特点。第二部分“国有股权行使的法律属性与行使原则”。这一部分先分析国有股权的法理属性,从法理上来认识国有股权,了解其最本质的一些东西,在此基础上,阐述国有股权行使的目标原则和主要内容。第三部分“国有股权行使的主体”。这部分在总结我国国有股权行使主体现状的基础上,分析我国现实中行使主体的不足之处,进而确定国有股权的行使主体,依据一定的理论依据来确定主体,并分析这样的主体与现行国有股权行使的主体有何不同。第四部分“国有股权行使的方式”。这部分先介绍我国国有股权行使的现状,分析现行方式的不足,进而探讨几种适合的方式,如信托行使,分析其行使的可行性和具体的构建。第五部分“我国国有股东权行使的立法存在的问题与完善建议”。这部分指出公司法中股权权利规定的不完善以及国有资产法这部新法的不足,进而论述这种不完善的权利与国有股权制度结合后会产生哪些新问题,最后提出法律完善的建议。
[Abstract]:Since the end of -10s, in order to comply with the social development, the state-owned enterprises of our country have carried out the reform of the stock system. So far, the construction of the state-owned equity system has achieved remarkable results, and it is now in the period of "post-stock reform". The stock system reform of the company has been basically completed, but the state-owned equity after all shows a lot of different characteristics from the general equity, and in the process of the exercise of equity, it is inevitable to encounter difficulties, based on this. The exercise of state-owned equity has become a thorny issue in the post-stock reform period, and as a kind of equity, whether the rights of state-owned equity can be actively and effectively exercised. Will directly affect the economic interests of state-owned equity holders; At the same time, as a relatively special kind of equity, the exercise of state-owned equity in China will inevitably affect the stability and development of society. From the summary of state-owned equity and the analysis of the legal attributes of the exercise of state-owned equity, the author determines that the exercise of state-owned equity is different from the general exercise of the principle of equity, content, and on this basis. This paper focuses on the analysis of the main body and mode of the exercise of state-owned equity, and puts forward relevant legislative suggestions. The main content of this paper is divided into five parts: The first part is "Overview of state-owned equity". Firstly, the classification of state-owned equity in each country is introduced, and then the state-owned equity is compared with the general equity. This paper analyzes the characteristics of state-owned equity with special identity of equity subject and special purpose of exercise. The second part is "the legal attribute and the principle of the exercise of the state-owned equity". This part first analyzes the legal attributes of the state-owned equity, from the legal theory to understand the state-owned equity, to understand its most essential things. On this basis, expound the goal principle and main content of the exercise of state-owned equity. The third part is "the main body of the exercise of the state-owned equity". This part analyzes the deficiency of the exercise subject in reality on the basis of summarizing the present situation of the main body of the exercise of the state-owned equity in our country. Then determine the main body of the exercise of state-owned equity, according to certain theoretical basis to determine the main body, and analyze the difference between such main body and the subject of the current exercise of state-owned equity. This part first introduces the current situation of the exercise of state-owned equity in China, analyzes the shortcomings of the current way, and then discusses several suitable ways, such as the exercise of trust. Analyze the feasibility of its exercise and the specific construction. Part 5th, "problems and suggestions on the legislation of the exercise of the Rights of State-owned shareholders". This part points out the imperfections of the provisions of equity rights in the company law and the deficiencies of the new law of state-owned assets law. Then it discusses what new problems will arise from the combination of the imperfect rights and the state-owned equity system, and finally puts forward some suggestions for the perfection of the law.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.291.91

【相似文献】