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建立健全产权保护法律法规,确保各类产权不受侵犯,维护产权主体的合法权益和平等发展的权利,保护产权的法律法规系统完备和实施有力,是现代产权制度的一个重要特征。国有资产立法从1993年开始启动,15年来,中国国有资产立法在国有资产监管和营运的法律规则上取得了一些进展。截止到2007年末,我国共有国有企业11.5万户,仅中央企业一级,除国资委监管的146户外,还有财政部负责监管的金融企业,以及行业主管部门监管的其他为数众多的国有企业。全国仅国有及国有控股的非金融类企业的总资产和净资产就分别达到35.5万亿元和14.8万亿元。但是,国有资产立法的一些根本性、战略性的重大问题并未触及与解决。2003年,十届全国人大将国有资产立法列入5年立法规划,并成立了阵容强大的国有资产立法起草小组,着手任务繁重的立法工作。2008年10月23日在十届全国人大常委会第三十一次会议上被提请首次审议,10月28日高票表决通过。中国国家主席胡锦涛签署第5号主席令予以公布,《中华人民共和国企业国有资产法》(以下简称《企业国有资产法》)将自2009年5月1日起施行。经过15年的立法历程,跨越三届全国人大,企业国有资产法千呼万唤始出来,我国数十万亿国有资产的监管问题终于“有法可依”。国有资产的管理步入了法治新时代。
It is an important feature of the modern property rights system to establish and improve the laws and regulations for the protection of property rights so as to ensure that all kinds of property rights are not infringed, to safeguard the legitimate rights and interests of property owners and to equal development, and to complete and enforce the laws and regulations on property rights protection. State-owned assets legislation started in 1993. Over the past 15 years, some progress has been made in China’s state-owned assets legislation in the legal rules governing the supervision and operation of state-owned assets. As of the end of 2007, there were 115,000 state-owned enterprises in our country, only at the level of the central enterprises, except the 146 supervised by the SASAC, as well as the financial enterprises under the supervision of the Ministry of Finance and the other large number of state-owned enterprises supervised by the industry authorities. The total assets and net assets of non-financial state-owned and state-controlled non-financial enterprises nationwide reached 35.5 trillion yuan and 14.8 trillion yuan respectively. However, some fundamental and strategic major issues of state-owned assets legislation have not been touched upon and resolved. In 2003, the Tenth National People’s Congress put the legislation on state-owned assets into its five-year legislative plan and set up a drafting group for drafting state-owned assets with a strong line-up to start the heavy-duty legislative work. On October 23, 2008, it was first submitted for consideration at the 31st meeting of the Standing Committee of the Tenth National People’s Congress and passed by a vote of high votes on October 28. Chinese President Hu Jintao signed Chairman Order No. 5 for promulgation. The Law of the People’s Republic of China on State-owned Assets of Enterprises (hereinafter referred to as “Enterprise State-owned Assets Law”) will come into effect on May 1, 2009. After 15 years of legislative history, the state-owned assets law of the three nationalities and enterprises across the country has been called into full force. Our country’s supervision of tens of trillion of state-owned assets has finally become “law-based.” The management of state-owned assets has entered a new era of rule of law.