Is the loss of state-owned assets illegal?
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2020-09-24 05:44
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The loss of state-owned assets is an illegal act, resulting in the loss of state property, and the relevant responsible person should bear legal responsibility. There are many forms of state-owned assets loss, which can be divided into fixed assets loss, current assets loss and intangible assets loss. For more information about whether the loss of state-owned assets is illegal, Bian Xiao will answer it in the next issue of Legal Express.
1. Is the loss of state-owned assets illegal?
The loss of state-owned assets is an illegal act, resulting in the loss of state property, and the relevant responsible person should bear legal responsibility. There are many forms of state-owned assets loss, which can be divided into fixed assets loss, current assets loss and intangible assets loss.
Is the loss of state-owned assets illegal?
Second, what are the manifestations of investigating the loss of state-owned assets?
(a) when the state-owned assets should be evaluated, the assets are not evaluated according to the provisions, or the evaluation value is arbitrarily reduced.
(two) in the transfer of state-owned property rights and the disposal of state-owned tangible assets or intangible assets, in violation of regulations, free of charge or at a price lower than the market price to non-state-owned units or individuals.
(3) in the implementation of contracting and leasing, in violation of regulations, contracting or leasing at low prices.
(4) When the enterprise is restructured, the state-owned assets are converted into shares at low prices, sold at low prices or distributed to individuals free of charge.
⑤ Illegal occupation of state-owned assets in financial management.
⑥ When exercising the right to operate an enterprise, abusing the right to operate and encroaching on the rights and interests of state owners.
All landowners in joint-stock enterprises and Sino-foreign joint ventures, cooperative enterprises, damage the rights and interests of state-owned shares and China.
(8) When exercising the right of investment, supervision and management, the state-owned assets are lost due to illegal interference with the right to operate the enterprise in violation of regulations.
Investigation on the loss of state-owned assets refers to the behavior of operators, occupiers, investors and managers of state-owned assets in violation of state laws, regulations and other relevant rules and regulations, resulting in the loss of state-owned assets.
3. What are the reasons for the loss of state-owned assets?
The loss of state-owned assets is common due to mistakes in decision-making. The reasons are as follows: First, the "regional interests" make trouble, blindly introduce and repeat construction. According to relevant data, the investment losses caused by decision-making mistakes are as high as hundreds of billions. Almost every province in China has color TV production lines, however, the utilization rate of color TV production lines is only 45%; In order to revitalize the local economy, various regions blindly introduce refrigerator and washing machine production lines, without paying attention to actual results. However, due to the market, product quality and other factors, we have to stop production one after another. At present, the utilization rate of their production line is only 40%.
Due to the temporary overheating of the market and the drive of "regional interests", local governments, department leaders and business operators are driven by profit, which eventually leads to decision-making mistakes. Second, decision-making is undemocratic and centralized. In order to let enterprises develop in a more relaxed environment, in the late 1980 s, the reform put forward a new idea: separating government from enterprises. After the separation of government and enterprise, enterprises got rid of the intervention of many mother-in-law and developed rapidly. But at the same time, it also exposes a problem that can not be ignored: the legal representative has the final say, that is, one head, one thought, one pen and one mouth. A TV factory is one of the earliest TV manufacturers in China. During the period from 1988 to 1990, the factory director made a decision to invest 60 million yuan to build a joint venture with a Japanese company, and the profit sharing with the foreign company was opposite. Then, it invested 30 million yuan to introduce foreign flat bypass output transformer production line, which could not be used because of improper selection and became a pile of expensive iron; Later, it invested 6,543.8+billion to introduce carton production lines from the United States. Because there is no market for products, the equipment has not been started so far.
The loss of state-owned assets is very large for the country, so it is necessary to prevent the loss of state-owned assets. The above contents are related knowledge about whether the loss of state-owned assets is illegal or not, which will be compiled by Fakuai Bian Xiao for you. I hope it will be helpful to your work and study. If you have any other questions, please consult the legal express lawyer.
Disclaimer: This content is synthesized by the author according to laws and regulations, government official website and Internet related content. If there is any infringement or error, please contact the platform to delete it.
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