Chinese paradigm of forging modern enterprise system
February 22, 2024 10:21 Source: "China Social Sciences", February 22, 2024, Issue 2837, Issue 2837

Since the announcement of the new "Company Law",academic and practical circles for its new system、New rules are hot discussions。One of the biggest highlights of this amendment is to introduce the concept of "national funding company" and set a special chapter to stipulate it。This system innovation will deepen the reform of state -owned enterprises,and the improvement of the improvement of the modern enterprise system has a profound impact,Demonstrate the time goals of the era of "improving the modern enterprise system with Chinese characteristics" in the new "Company Law"。

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State -owned enterprise reform is a long -lasting proposition among China's economic development and national rejuvenation.,The exploration of its reform plan is a continuous practice、Continuous adjustment and in -depth dialectical processes。Insufficient economic vitality in the state -owned state -owned model,From 1978 to 1992,my country has carried out the pilot of expanding the autonomy of the enterprise、Implement the economic responsibility system、Pilot system pilot、Two steps "Tax Tax"、Contractive reform measures such as the contracted operation responsibility system。Although it is expanding corporate autonomy、Mobilize the enthusiasm of the enterprise、It plays a positive role in improving economic benefits,However, the above reform measures did not touch the company's main position and organizational structure,Can't fundamentally crack government and enterprises without distinguishing between problems。Final,We chose the Organization Method Path,Establish a modern enterprise system bet365 Play online games through corporate transformation,and realize the market -oriented transformation of state -owned enterprises。

From this,Help state -owned enterprise reforms become one of the basic tasks of my country's company law。Looking back on the 30 -year development process, "Special Provisions of State -owned Vallest Corporation" always occupy an important position in my country's company law。I am,Although "whether or not in the company's law should be separately stipulated by state -owned companies" has caused continuous discussion,But the opposition theory always lacks enough persuasion。Actually,From the huge volume of Chinese state -owned enterprises and its important position in the national economy,You can realize that the company law cannot be effectively adjusted for state -owned enterprises,Its institutional function and practical significance will also be greatly reduced。It is based on this cognition,New "Company Law" first added the important content of "improving the modern corporate system with Chinese characteristics" in the legislative purpose,Then introduce the concept of "national funding company" with a wider tolerance,Further expanded the institutional supply of state -owned enterprises,Provides a wider and more normative space for the forging of the modern enterprise system with Chinese characteristics。

Looking back on the reform of state -owned enterprises,There are three iconic time points worthy of attention。The first is the Third Plenary Session of the Fourteenth Central Committee of the Party in 1993,Clarified the direction of state -owned enterprise reform, that is, the "modern enterprise system"; the second is the 2019 Fourth Plenary Session of the 19th Party of the Party,The important dimension of "Chinese characteristics" is added to the reform direction of state -owned enterprises; the third is the 2022 party's 20th National Congress,Incorporating the reform of state -owned bet365 best casino games enterprises into the grand blueprint of "Chinese -style modernization"。In the background of this era,Deepen the reform of state -owned enterprises and improve the company's legislation,Methodism of major innovation should be carried out -not only settled state -owned enterprises into the mold of the "modern enterprise system" for reshaping,It also needs to explore the Chinese paradigm of more scientific and applicable "modern enterprise systems"。Generally speaking,Introduction of "National Investment Company",It is not only the era of Chinese -style modernization,It also contributes Chinese wisdom for global business cooperation、Provide a Chinese plan for the governance of state -owned enterprises、An important opportunity for forging for the modern enterprise system。

 Legislative Innovation of the National Investment Corporation System

From the provisions,,The special regulations of the new "Company Law" are mainly focused on the organization of the national funding company,Terms seem to not be much。But,This does not mean that the law does not attach enough attention to the state funding company,To grasp the meaning of innovation of relevant institutional innovation from the whole。

First,The reform direction and legislative purpose of the new "Company Law",Provide a general guidance to the state fund funding company。The reform of my country's company law always takes persistence and strengthening the party's leadership,The revision of the "Company Law" in this round of this round of "General Principles" continues "in the company,According to the regulations of the Communist Party of China,Establish an organization of the Communist Party of China,Carry out party activities。The company should provide necessary conditions for the activities of the party organization ",It also specifically stipulated that the party organization "played the leadership role in accordance with the regulations of the Communist Party of bet365 Play online games China,Research Discussion of the major business management items of the company,The organizational organization that supports the company exercise its powers in accordance with the law "。other,New "Company Law" further enriched legislative purposes,The content of "Improving the Modern Enterprise System with Chinese Characteristics" and "Protecting the Legal Rights of Employees",This change indicates the expansion of my country's company's law system function。Especially the "Modern Enterprise System with Chinese Characteristics",The most direct and most important corresponding scene is the national funding company。

Next,New "Company Law" is rich in the company's legal form,Provide more choices for national funding companies。The New "Company Law" is insisting on the two basic types of limited liability companies and joint stocks.,Added regulations that allow the establishment of one -person company。Now,Under the major category of the national fund,It also includes several subdivision dimensions,For example,The specific form that can be selected by the state's funding company is more abundant。

again,New "Company Law" improves the company's capital system,The expansion of financing expansion for the national funding company。The amendment of the "Company Law" this round has made great changes in the company's capital system。1 is that the limited company has changed from the previous free subscription system to the time -to -date subscription,At the same time, a system of urging system and the system of dismissal and acceleration expiration system,To solve the problem of "recognition and not paying" under the free subscription system; the second is that the joint -stock company has transformed from the "subscribed and paid -of -payment coexisting model" to "comprehensive real -time payment model",At the same time, the bet365 best casino games category shares system was introduced、Authorized Board of Directors issued a share system,Come to respond to the flexible demand for registered capital and shares type settings; the third is to allow capital provident funds to make up for losses,and introduced a simple capital reduction system; the fourth is to improve the liability of the joint and bringing responsibilities and defective equity transfer of the sponsor shareholders。For a state funding company,The transformation of the above capital system is not only conducive to better regulating the adjustment of the company's establishment and investment relationship,It will also be acquired by a state -funded company、Reorganization and other matters provide effective institutional tools。

Last,New "Company Law" changes in the organization system,Promoting the diversification of the governance model of the state funding company。This round of "Company Law" is revised on the organization of the organization,Give the company's subject more right to choose from。First, allow the company to choose a single -layer governance mode,Co., Ltd. and the company can not have the supervisor or supervisor,And set up the authority of the audit committee composed of directors to exercise the authority of the supervisory board。Second, it highlights the important position of the board of directors in corporate governance,Especially through the improvement of the authorization mechanism, it provides space for the expansion of the power of the board of directors。Third is to further simplify the setting of the company's organization,Especially companies with small size or less shareholders,You can set up a traditional board of directors、Supervisory Board,Even unanimously agreed by all shareholders, you can also set up no supervisor。Fourth is to expand the company's scope Bet365 app download of setting up employee directors。The above -mentioned rich institutional change,plus special regulations on the organization of national funding companies,Provides institutional support for the innovation and diversification of the national fund -contributed company's governance model。

  Further improve the modern enterprise system with Chinese characteristics

Improve the modern enterprise system with Chinese characteristics is always on the road。To achieve the transformation goal of "Supply and increase system supply to state -owned enterprises",It can be achieved by not just introducing a new concept,More need to continuously improve the overall standard structure,Many problems that may exist in practice。In this sense,This round of "Company Law" revised the introduction of "national capital contribution" and special regulations on its organization,It is just a beginning of forging the Chinese paradigm for the modern enterprise system。

Future,Need to be further enriched、Improve the national funding company system。First, to clarify the governance function and authority of the party organization,better respond to the "strengthening and improving the party's leadership of state -owned enterprises" emphasized by the new round of deepening the top -level design of state -owned enterprise reform; Adjust the control of control and exercise rules,In response to the governance needs of State -owned Enterprise Group Corporation; Fourth, from the obligation of faith and righteousness、Disciplinary punishment、Atternal accountability、Several aspects of fault tolerance correction,Further improving the compliance of the state funding company、Supervision and accountability mechanism。

  (This article is the Study of the State Funding Project "Study on the Governance Mechanism of Chinese Characterment Company" (23ffxb040) in the National Social Science Foundation (23ffxb040)

(The author is a professor at the School of Civil and Commerce of Southwest University of Political Science and Law)

Editor in charge: Cui Bohan
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