State owned assets are legally owned by the state and can provide economic andsocial resultsOfeconomic resources The sum of.It is the general term for all property and property rights owned by the state.The country belongs toHistorical categoryTherefore, state-owned assets are also formed and developed with the emergence of the country.In real economic life, the concept of "state-owned assets" has two different understandings in broad and narrow sense.
The general term of property and property rights belonging to the state. The state is the only subject of ownership of state-owned assets, which can be divided into broad and narrow senses
Category
Property acquired and recognized by the state according to law or power, property formed by international assistance, etc
State owned assets refer to the funds actually invested by the state in the enterprise to undertake obligations and enjoy rights, that is, invested in the enterprise to formPaid in capital(equity)Funds.state-ownedCorporate capitalIt refers to state-owned enterprises, state-owned enterprisesgovernment-affiliated institutionsAnd actually invest the assets it occupies into the enterprise to undertake obligations and enjoy rights, that is, invest in the enterprise to form corporate capital(Corporate Stock)Funds.Total state-owned assetsIt refers to national capital, state-owned legal person capitalCapital reserve、Surplus reserve、Undistributed profitsIn other projects, the ultimate ownership belongs to the stateShare of assetsThe sum of.
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Operational state-owned assets
Operational state-owned assetsIt refers to the capital and its rights and interests legally owned by the state as a contributor in the enterprise.Specifically, operational state-owned assets refer to all properties owned by the state that are engaged in production, circulation, business services and other fields, and are operated or used according to law with the main purpose of making profits.
Characteristics of operational state-owned assets:
administrationState owned assets of public institutionsIt refers to those possessed and used by administrative institutions, legally recognized as state ownedMonetary measurementOfeconomic resources The sum of.Including: assets allocated by the state to administrative institutionsAdministrative unitaccording tonational policyIt stipulates the assets formed by using the income of state-owned assets organizations, as well as receiving donations and other assets recognized as state owned by law.
Resource state-owned assets refer to the land, forest, mineral resources and other resources owned by the state.
Operational
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state-owned property
Operational state-owned assets refer to the capital and its rights and interests legally owned by the state as a contributor in the enterprise.Specifically, the state-owned assets for business, which are engaged in the production, circulation, business services and other fields of products, and whose main purpose is to make profits, are operated or used according to law, and their property rights belong to all property owned by the state.
5. Depending on the proportion of capital owned by the country in the enterprise:
one
Assets of wholly state-owned enterprises
two
Assets of state holding enterprises
three
Assets of state-owned enterprises
6. According to different administrative levels:central governmentOperational assets under management, and operational assets under the management of local governments.
Administrative undertaking
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The state-owned assets of administrative institutions refer to the sum of various economic resources that are possessed and used by administrative institutions, legally recognized as owned by the state and can be measured in monetary terms.Including: assets allocated by the state to administrative institutionsAdministrative unitAssets generated from the use of the income of state-owned asset organizations, as well as donations and other assets recognized as state owned by law in accordance with national policies and regulations.
Configuration domainunproductiveThe service of use purpose, the indirect nature of fund compensation and expansion, and the free nature of possession and use.
Classification of administrative state-owned assets:
according toAdministrative levelDifferent, it can be divided into central administrative state-owned assets and local administrative state-owned assets.
In terms of physical form, the characteristics of China's state-owned resources: varietyScarcity, the limitation of quantity, the complexity of varieties, and the imbalance of distribution.
fromValue formSeen from the above, the characteristics of China's state-owned resources: the ownership of state-owned resourcesMonopoly, state-owned resourcesRelativity, the property and value of state-owned resources.
The scope of state-owned assets is very wide.According to our country《constitution》According to relevant laws, state-owned assets include the following: (1) state-owned land, mineral resources, water flows, forests, grasslands, wasteland, fishing grounds, etcnatural resources;(2) Property of state organs and affiliated institutions;(3) Military property, such asmilitary installationEtc;(4) Enterprises owned by the whole people;(5) State ownedcommunal facilities、cultural relics and historic sites, SceneryTourist area, nature reserves, etc;(6) State property abroad;(7) State to AfricaState owned unitInvestment and other property rights such as creditor's rights;(8) Can't prove to belong to the collective orIndividually ownedProperty, etc.The following are the details of theDefinition of property rightsExplain.[2]
(1) State organs, public institutions, political parties andpeople 's organizationDefinition of the ownership of state-owned assets
1. All assets occupied and used by state organs are state-owned assets.According to《constitution》As well as the provisions of relevant laws and regulations, the state organs include: (1) the permanent working institutions of the Standing Committee of the National People's Congress;(2) The standing working bodies of the standing committees of the local people's congresses at various levels;(3) Departments under the State Council;(4)Local people's governments at all levelsAnd its subordinate departments;(5)the Chinese People's Liberation ArmyAll subordinate organs;(6) Judicial organs at all levels.The assets possessed and used by the above state organs are state-owned assets, excluding the property owned by others such as borrowing and renting.
2. Definition of state-owned property of public institutions.Public institutions may be founded by state organs, state-owned enterprises, or non-state-owned units such as collectives.All state organs and state-owned enterprisesEnterprise unitAll the assets owned and used by the public institutions established or affiliated to are state-owned assets.All assets invested by the state in public institutions established by non-state organs and non-state-owned enterprises shall be owned by the state.
3. The assets of political parties and people's organizations formed by state allocations are state-owned assets.The so-called political parties include the Party organizations at all levels of the Communist Party of China and the democratic parties.All assets formed by the state appropriation are state-owned assets.In the property of a political party, in addition to the assets formed by state appropriations, there may also be members of the partyparty membership duesAssets formed in the form of donation by others shall be owned by the party.
The so-called people's organizations include CPPCC organizations at all levels, trade union organizations at all levels, Communist Youth League organizations at all levelswomanFederation organizations and othersSocial groups。These organizations are people's organizations, that is, they are legallyNational recognitionIt should not be illegal or reactionary.The assets of these groups come from a wide range of sources, among which the assets formed by state allocations should be defined as state-owned assets.
(2) Definition of property rights in enterprises owned by the whole people
Enterprises owned by the whole people are state-owned enterprises.Whether its assets are directly invested by the state or through enterprisesProduction and operation activitiesAll obtained assets belong to the state.Specific definition methods include:
1. The departments and institutions that have the right to invest on behalf of the state belong to the state in currency, in kind and ownershipland use right, intellectual property and other intangible assetsEnterprise investment, formedNational capital, defined as state-owned assets.
2. Enterprises owned by the whole people use national capital and borrowed funds in operationProfit after tax, which is approved by the state to be reserved for enterprises as part of increased investment, and which is withdrawn from after tax profitsSurplus reserve, public welfare fund andUndistributed profitsAnd so on, defined as state-owned assets.
3. UseOwnership by the whole peopleEnterprises and administrative institutions are guaranteed by domestic and foreignBorrowed fundsGains accumulated from enterprises owned by the whole people that have been invested and founded or wholly financed by other unitsNet assets, defined as state-owned assets.
4. The assets formed by enterprises owned by the whole people by accepting gifts are defined as state-owned assets.
6. The party, league, trade union and other organizations in enterprises owned by the whole people occupy the property of the enterprise (excluding paying party dues by individualsTour fee, membership dues, activity funds allocated by enterprises according to national regulations and other surplus assets purchased and constructed) are defined as state-owned assets.
The property of collectively owned enterprises belongs to the collective ownership of the working people. It is a socialist economic organization that implements common labor and takes distribution according to work as the main form of distribution.Collective ownershipInternalProperty relationsIt is quite complicated. Some are funded by the government, some are funded by state-owned enterprises, and some are funded by the working people themselves.In practice“a type of socialist collective ownership system”And“Small group”The so-called "big collective" refers to collectively owned enterprises with state investment (all or mainly state investment);The so-called "small collective" refers to an enterprise established on the basis of the property owned collectively by the working people.In the construction of our socialist market economy, we should clarify collective ownershipEnterprise propertyOwnership is a very important and urgent task.
The definition of ownership of state-owned assets in collectively owned enterprises is as follows:
1. NationalCollective enterpriseInvestment and its incomeOwner's equityAnd its property rights are owned by the state.Supported by the government, state-owned enterprises and institutionscollective economyAssets transferred, allocated or invested in collective enterprises for the development or placement of unemployed youth, surplus employees of state-owned enterprises and other urban employeesGratuitous transferOr if the transfer fee (including physical objects) collected for paid transfer has reached the original value of the asset, the property right of the asset and the owner's equity formed by its income shall belong to the collective workers of the collective enterprise.
2.Ownership by the whole peopleEnterprises and administrative institutions established with money, material objects, land use rights and intellectual property rights owned by the state (including joint ventures of several units owned by the whole people)Collective ownershipnameRegistrationOf a business unit whoseAsset ownershipThe definition shall be in accordance with the aforesaid definition method of property rights of enterprises owned by the whole people.
3. Enterprises and administrative institutions owned by the whole people, which are solely funded by state-owned assets in non owned by the whole peopleCollective enterpriseInvestment in, and what should be obtained according to the investment shareAsset incomeReserved for collective enterprises to develop productionCapital fundAnd its rights and interests are defined as state-owned assets.
4. Preferences enjoyed by collective enterprises in accordance with national laws, regulations and other relevant policies, includingRepayment of loan with tax、pretax loan repaymentAnd various tax exemptionsOwner's equityThe property rights of those formed before June 30, 1993 shall be owned by the workers collectively;If it is formed after July 1, 1993 and the state has specified a special purpose for it, its provisions shall prevail;If there is no regulation, the assets (includingLabor accumulation)To determine the ownership of property rights.Of which, it belongs to national tax receivable and uncollectedTaxesPart, defined as state-owned assets;The assets formed by collective enterprises enjoying tax exemption and reduction according to the national regulations, of which the investment tax exemption and reduction listed as "national support fund" is defined as state-owned assets.throughManagement of state-owned assetsAfter the department approves the amount together with relevant departments, it will continue to leaveCollective enterpriseFor use, the state shall charge asset occupancy fees.If the value-added part of the above-mentioned state-owned assets cannot be verified due to historical reasons, the property rights can no longer be traced.
Reorganization of collective enterprises intoJoint stock enterpriseBefore reorganizationpretax loan repaymentAmong the formed assets, the part of tax receivable but not collected by the state tax and the part of investment tax reduction and exemption listed as "national support fund" in the assets formed by various tax reductions and exemptions are defined asstate shareOther tax exemptions and reductions are defined as enterprisesCapital reserve。
5. Use by collective enterprisesbank loans、National borrowingsThe assets formed by borrowing funds such as credit funds, which are only guaranteed by units of the whole people, are not defined as state-owned assets, but have fulfilledjoint responsibilityThe whole people unit shall make recourse for repayment or negotiate for conversion into investment.
6. Supply and marketinghandicraft industryThe capital funds (including funds or physical objects) allocated by the state in cooperatives such as credit cooperatives are defined as state-owned assets. After the amount is approved by the state-owned assets management department in conjunction with relevant departments, it will continue to be reserved for the use of cooperatives, and the state will collect the asset occupancy fee.If the value-added part of the above-mentioned state-owned assets cannot be verified due to historical reasons, the property rights can no longer be traced.
7.Collective enterpriseAnd cooperativesState owned landThe state-owned assets management department shall jointlyland administrationThe department approves the area andValueAnd collect land occupation fees according to law.When collective enterprises and cooperatives are reorganized into joint-stock enterprises, the state-owned shares or other shares formed by the discount of state-owned landOwner's equity, defined as state-owned assets.
A part of the assets of a Chinese foreign equity joint venture or contractual joint venture must belong to the Chinese joint venture or cooperator.Some of the assets belonging to China are state-owned assets, which should be defined.However, this definition is only the internal asset definition of the Chinese side, and the changes in property relations are only internal changes in the Chinese sideCooperative enterpriseNone, nor will it involve any interests of foreign investors.
1. RightSino foreign joint venture(The Chinese side isOwnership by the whole peopleThe method for defining the ownership of Chinese assets is as follows: (1) China's investment in state-owned assets includes cash, factory buildingsmachinery equipment、Site use rightAssets formed by intangible assets are defined as state-owned assets;(2) Enterpriseregistered capitalIncrease. According to the agreement of both parties, the Chinese side will share profits with the enterpriseReinvestment, or assets formed by preemptive purchase of the other party's shares, defined as state-owned assets;(3) In the distributable profits and various funds withdrawn from the after tax profits, the Chinese side shallInvestment proportionThe corresponding share (excluding the allocation allocated for employee bonus and welfare)personal consumption), defined as state-owned assets;(4) The wage difference of Chinese employees is defined as state-owned assets;(5) According to Chinese laws and relevant regulationsTotal payrollA certain proportion of Chinese employeesHousing subsidiesFund, defined as state-owned assets;(6)Enterprise liquidationIn case of complete dissolution, the assets that are presented or left to the Chinese party for continuous use without compensation are defined as state-owned assets.
2.Sino foreign cooperative enterprisesThe definition of Chinese ownership of assets shall be handled in accordance with the principles of the above measures.
(5) Joint stock systemAssociated enterpriseDefinition of ownership of assets in China
In joint-stock and joint ventures, there are state organs or their authorized departmentsdirect investment, alsoOwnership by the whole peopleThe investment of enterprises and the rights and interests formed by these investments are state-owned assets in nature.However, this definition is only an internal definition of the economy owned by the whole people, which is only to clarify the state ownership, and has no impact on the joint-stock system and joint ventures, nor does it involve any interests of other shareholders and joint ventures.
1. The definition of Chinese ownership of assets of joint-stock enterprises is as follows: (1) the shares formed by the state organs or their authorized units investing in joint-stock enterprises, including the shares converted from the state-owned assets of the existing invested enterprises, constitute the national shares in joint-stock enterprises, and are defined as state-owned assets;(2) The shares formed by the investment of enterprises owned by the whole people in joint-stock enterprises constituteState owned legal person shares, defined as state-owned assets;(3) Joint stock enterpriseaccumulation fundIn the public welfare fund, the units of the whole people are defined as state-owned assets according to their share of investment;(4) Joint stock enterpriseUndistributed profitsAccording to the corresponding share of the investment proportion, units owned by the whole people are defined as state-owned assets.
2. The definition of the ownership of Chinese assets of associated enterprises shall be handled in accordance with the principles of the above measures.
Formation and development
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state-owned property
The People's Republic of ChinaThe formation of the state-owned assets of,Construction of revolutionary base areasAccumulation of.In October 1927, Mao Zedong ledWorkers' and Peasants' Revolutionary ArmyestablishJinggangshan Base AreaStart small business atarmorer shopAnd bedding, printing, military, weaving, papermaking, lime and other factories.The large-scalePublic enterprisesIt has reached 33, with more than 2000 employees.By 1949, there were 307 public enterprises in the Northeast Liberated Area alone, with 240000 employees.The Liberated Areas have also established their own independent businesses, transportation, posts and telecommunications, and banks.
② Confiscation and Taking Overold ChinabureaucraticMonopoly capital。By the end of 1949, the people's government had only taken overImperialismAnd bureaucratsMonopoly capitalismThere are 2858 industrial enterprises with 1.29 million employees.In addition, the Ministry of Transport of the Kuomintang GovernmentChina Merchants GroupAll belonging toTransportationEnterprises, as well as Renaissance, Fuhua, ChinaTea、PetroChinaChina Salt Industry, China Silk, Chinavegetable oil, China's import and export and other monopoliesCommercial tradeCompanies, so that the state hasChina Power58% of production,Raw coal output68% of,pig iron92% of output, 97% of steel output, 68% of cement output,Cotton yarn53% of the output.State owned industrial output value accounts for ChinaTotal industrial output value26.2%, accounting for large industrial enterprises in Chinatotal output value41.3%. ③Assets acquired in accordance with national laws and regulations.The Common Programme adopted by the First Plenary Session of the Chinese People's Political Consultative Conference on September 25, 1949 stipulates that all countries concernedEconomic lifelineAnd the cause that can control the national economy and the people's livelihood,Should beBy the StateUnified operation。All state-owned resources and enterprises are owned by all the peoplepublic property。
④ Nationalities redeemed in the process of socialist transformationcapitalismCapital of industry and commerce.Since 1950, China has provided private industrial enterprises with raw materialsProcessing orderAnd unified purchase and marketingManagement Measures。In 1954, China further planned to usePublic private partnershipThe mode has transformed a large number of capitalismIndustrial and commercial enterprises。In 1956, China basically completed the socialist transformation of capitalist industry and commerce by paying capitalistsfixed interestAnd gradually make its assets owned by the state.
① The state-owned assets of the People's Republic of China areSocialist economic systemBased on state-owned assetsstate-owned economyIt's Chinanational economyThe leading force ofThe operation of state-owned assets and their benefits arerevenueThe main source ofState owned economy is implemented by the stateMacroeconomic policyAnd regulating the market. ④State owned enterprises arrange the societyLabor employmentImportant channels. ⑤Engaged with state-owned assetsProduction and operation activitiesThe state-owned large and medium-sized enterprises ofSocialist public ownershipChina's participation is also a strong foundation for the development of the national economy and a major force in the operation of the national economyinternational marketCompetitiveMain force。
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It is a Chinese tradition to operate state-owned assets under the leadership of the governmenteconomic systemAnd has not fundamentally changed since the reformmanagement model 。Reform of state-owned enterprisesMost of the difficulties encountered are related to government led operation, including reform measures and arrangements.PressSocialist market economyOfSpecification requirementsThe operation of state-owned assets must be dominated by legislation, and the state of replacing law with politics should be completely changed.
in ChinaPeople's representativesThe Standing Committee of the Congress has always had a Finance and Economics Committee, which is the highest in ChinaLegislatureAn organization set up in China to handle national economic affairs.The work of the Finance and Economic Commission is very important. It is exercised by the peopleNational economic managementThe specific embodiment of the supervisory power is that the people's representativesGovernment economyBasic aspects of special review of work implementation.However, the Finance and Economic Commission cannotState owned assets managementIt does not involve any specific business problems, whether for state-owned assets or non-state-owned assets, but only for the sum of all economic components of the countryMacroeconomyThe operation makes supreme supervision.The leading role of legislation in the overall operation of state-owned assets must be assumed by the specially established state-owned assets committee. That is to say, when it comes to the operation of assets, another committee should be set up in addition to the finance and economics committee. The operation of state-owned assets is a major event that concerns the fundamental interests of the Chinese people. Therefore,It is also necessary to establish a special state-owned assets committee in the Standing Committee of the Chinese People's Congress.The State owned Assets Committee is different from the Finance and Economics Committee. Although it is located in the Standing Committee of the National People's Congress, as an institution that has not yet been established, the State owned Assets Committee has new functions that cannot be replaced by the Finance and Economics Committee.
1. Financial CommitteeScope of workAs the whole society, the work scope of the State owned Assets Commission is limited tostate-owned economy。The state-owned economy is an important part of the whole social economy, but the operation of the whole social economy is different from that of the state-owned economy.This difference in operation caused by different scopes is rooted in the difference in composition within the scope.First, the state-owned economy is mainly distributed inBusiness community, rarelyagricultural productionAndagricultural economyAs the foundation of the whole social economy, it is related to and operates outside the state-owned economy.Socialeconomical operation It is complete, and the operation of the relatively small state-owned economy can only be seen as the operation based on agriculture.Therefore, due to the inconsistent scope of work, the State owned Assets Commission and the Finance and Economics Commission have formed their respective responsibilities, which are connected but more different.Secondly, the whole society includes both the state-owned economy andNon-state-owned economy, the state-owned economy isPublic economyTherefore, the State owned Assets Commission must highlightPublic ownershipThe nature of the business requirements, while the work of the Finance and Economic Commission is not differentiatedOwnershipOnly operation control problems are considered.Again,state-owned economyyesState ownershipThe economy in power and the whole society also include the economy in which the state does not have ownership.This difference in scope has led to the specific nature of ownership of the work of the State owned Assets Commission, while the Finance and Economics Commission does not. The difference in the scope of work directly determines the twoNature of workAlthough the scope of work of the Finance and Economic Commission is extensive, the nature of the work cannot be determined by the nature of the state-owned economy.
2. The Finance and Economic Commission only implements external monitoring on the state-owned economy, and the work of the State owned Assets Commission is an internal part of the state-owned assets management.The state-owned economy, including the determination of the state-owned economy within the scope of the national economy, is also an important object of the work of the Finance and Economic Commission. However, like other economic sectors, the Finance and Economic Commission controls or restricts the economic sector from the outside, never entering the inside of the economic sector. Even if the ownership of the state-owned economy is controlled by the state, it is not reflected in the work of the Finance and Economic Commission,The committee onlyExternal controlPower and responsibility.On the contrary, the State owned Assets Commission is directly responsible for the overall operation of state-owned assetsstate-owned economyAll ofControl workBothInternalityOf.The State owned Assets Commission is not responsible for non-state-owned enterpriseseconomic problemAt any point, it only determines the object of work in the state-owned economy where the state holds ownership.
3. Finance CommitteeJob functionMainly review the management work arrangement of the national economy and implement the monitoring responsibility;The State owned Assets Committee must study the operation of the overall state-owned assets, bear the responsibility of legislation, and play a leading role in the operationWorking levelIt is directly related to the overall effect of state-owned assets management.The review is generally based onEstablished principlesIt does not have to be based on detailed research. The review conclusion can be basically reached when there is a clear principle and an accurate measurement against the principle.The overall management of state-owned assets requires legislators to do a lot of detailed scientific research, and only on the basis of research can they do a good job in leading the management.Therefore, the review work of the Finance and Economic Commission is different from the research work of the State owned Assets Commission in the way of work except for the difference in the scope of work.