How should our country’s *** handle the relationship between *** and the market?
The importance of handling the relationship between *** and the market is important to a country, and it is important to control the relationship between the two. Degree plays a vital role in a country's economic development. Therefore, the relationship between the government and the market must be considered as a national strategy, and the relationship between the two must be properly handled to create a good institutional environment for economic development.
1. The government and the market are two important interrelated components in the modern market economic system. The key to developing a socialist market economy is to seek the best combination of government behavior and market functions. , so that political behavior can avoid and overcome its own absence, offside, and dislocation while regulating the economy and making up for market functional failures.
2. This is a major theoretical and practical issue that must be solved in the process of establishing and improving my country's socialist market economic system, and correctly understand the advantages and limitations of the role of the *** and the role of the market under market economy conditions. To develop a socialist market economy, we must attach great importance to both the role of the government and the role of the market.
3. *** The main tasks of macroeconomic regulation and management are to maintain the balance of the economic aggregate, curb inflation, promote major structural optimization, maintain social fairness and justice, and provide a basis for transforming the economic development model and maintaining Sustained and healthy economic development creates a good environment and conditions.
4. At the same time, we should actively improve and standardize the market access system, establish a modern market system that uniformly regulates competition and orderly, maintain market order, and ensure that the market plays a fundamental role in resource allocation. However, if* ** The scope and intensity of management and regulation exceed the reasonable needs to compensate for "market failure" and maintain the normal execution of the market mechanism, or the direction of intervention is wrong and the form is inappropriately chosen. As a result, instead of correcting "market failure", it will inhibit the normal functioning of the market mechanism.
5. my country’s economic system has both the problem of excessive government intervention and the problem of “market failure”. my country’s socialist market economic system has been basically established and continuously improved, but There are still many deficiencies in the handling of the relationship between the government and the market, and both the role of the government and the market functions urgently need to be further improved. Use the knowledge of economic life to explain how *** should handle the relationship with the market
The socialist market economy is a market economy combined with socialist public ownership, and the market plays a decisive role in resource allocation.
To properly handle the relationship between the market and the public, we must follow the laws of the market and the laws of value.
The socialist market economy must implement strong macroeconomic regulation. We must combine immediate interests with long-term interests. It is necessary to leverage the strengths of the market while also overcoming its limitations. Use the knowledge of political life to talk about how to handle the relationship between the government and the market from the perspective of the government and citizens.
For example, let’s take the approval of corporate investment projects. What an enterprise puts into production and what the benefits are should be an internal matter of the enterprise and should be decided by the enterprise itself. *** When approving a project, only consider the company's contribution to society, stability, social environment, etc. As long as it is not expressly prohibited by the state, it can be filed. *** Grasp the general direction and do not specifically interfere with what the company invests in. How much benefit will be generated and other specific micro things, and then do a good job of supervision and management in the future. *** Now we need to delegate power to witness, instead of controlling a lot of resources. Everything that ordinary people do must be approved by ***. In fact, *** can't control so much, and it is very unprofessional and can't manage it well at all. It would be better to let the market go and do the supervision and inspection ourselves. Yuan Zhigang: What do you think about "handling the relationship between the government and the market well"
To correctly handle the relationship between the government and the market, we must respect the laws of the market and better play the role of the government.
First of all, we must respect the laws of the market more. The 12th National Congress of the Communist Party of China in 1992 proposed a socialist market economy, which some people simply call "market-oriented" reform. 21 years ago, the Party Central Committee clearly stated that the market should play a fundamental role in resource allocation. At present, my country's market economic system has been initially established, but the prices of some key factors are not yet determined by market supply and demand. Market-oriented reforms and progress in areas such as core resources, factors (such as capital), and industries (such as telecommunications) are still relatively limited. From a market perspective, *** unreasonable restrictive regulations and approval procedures are too detailed, and excessive use of administrative means to interfere with market entities, especially microeconomic entities, has inhibited the normal operation of the market mechanism to a certain extent. If this situation is not changed, it is likely that the direction of corporate efforts will not be to compete for the market, but to compete for the resources controlled by ***. In this way, on the one hand, it will increase the space for rent-seeking, and on the other hand, it will also weaken the company's own innovation awareness and motivation. The problem lies also in the potential of our country's economic development, which shows that there is still a lot of room for economic reform and the release of resource potential.
Only by releasing more resources from institutional constraints and forming new institutional advantages can we ensure that the economy gains new momentum for development, optimize the institutional environment for efficient resource utilization, activate resources, and achieve optimal allocation of resources, thus promoting the economy. Sustained and healthy development.
Secondly, we must give better play to the role of ***. In a market economy, government functions should be mainly positioned in economic regulation, market supervision, social management and public services. To better play the role of the Communist Party, we should let the Communist Party do what it should do well and truly solve the phenomenon of political dislocation, offside and absence in certain areas. Now, on the one hand, the government's management and mediation role in the production and distribution of public products is not strong enough. The over-market development of medical care, education and other social undertakings has caused interest distortions. The total amount of public services is insufficient and the structure is unbalanced; On the one hand, in order to obtain high market profits, many companies engage in predatory exploitation of natural resources and discharge large amounts of pollutants, which have serious impacts on the ecological environment, sustainable development and people's health. There is an urgent need for *** to play a better role. . At present, to better play the role of the government, on the one hand, we need to weaken some of the micro management functions of the government, withdraw from areas that should not be managed, and allow the market to truly play its basic role in allocating resources, thereby effectively improving the market Efficiency, strive to build a service-oriented ***, and complete the transformation of *** functions while adhering to market-oriented reforms; on the other hand, it is necessary to strengthen the functions of *** in social management and services, and by strengthening the functions of *** , make up for the shortcomings and defects of the market itself, and create a good environment for the healthy development of the market economy. For example, a market that pursues one-sided economic efficiency can easily lead to social disharmony; using price changes to guide resource allocation and reallocation can easily cause economic fluctuations; pursuing personal interests as a driving force can easily lead to polarization, and so on. Therefore, it needs to be compensated by the visible hand of *** through the formulation of economic policies. At the same time, it is also necessary to improve the efficiency of the government in macro management, give full play to the role of the government in guiding and regulating the market, establish and improve market rules and maintain the order of market competition, and persist in banning and cracking down on deception, fraud, counterfeiting, and shoddy products. The illegal behavior of passing off substandard products and confusing real products with fake products advocates good market behaviors of fair competition, honesty and trustworthiness, compliance with laws and regulations, and mutual benefit and win-win.
The third is to pay attention to strengthening the organic coordination and cooperation between the two, not only to prevent the tendency to deny the direction of market-oriented reform, but also to prevent the tendency to only focus on marketization and ignore the role of government. The development of a market economy has its own laws, and certain conditions and environments are required for market laws to work. We must create the necessary conditions and environment for the market to function, and at the same time provide adequate public services and social security for the development of the market economy. In the period of economic and social transformation, the government also needs to provide effective guidance and promotion for the sustained and healthy development of the economy and society. Of course, regulations in a market economy are not omnipotent. Too many unreasonable restrictive regulations and approval procedures will not only fail to compensate for market failures, but will also inhibit the normal functioning of market laws and market mechanisms. Therefore, the government must consciously and consciously set clear limits on its own economic behavior, accelerate the transformation of its functions, and provide a good policy environment for the sustained and healthy development of the market economy. Use the knowledge of economic life to explain how *** should handle the relationship with the market
The basic role of *** is to maintain fair and orderly competition in the market, use fiscal means to guide economic development, and avoid excessive The use of administrative means to influence resource allocation and demand supply should also prevent malicious monopoly market behavior from causing damage to public interests and inducing social crises. Analyzing from the perspective of economic life, how to properly handle the relationship between the government and the market
The basic role of the government is to maintain fair and orderly competition in the market, use fiscal means to guide economic development, and avoid excessive The use of administrative means to influence resource allocation and demand supply should also prevent malicious monopolistic market behavior from causing damage to public interests and inducing social crises.
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>_<||| How does our country handle ethnic relations?
① Adhere to the principles of ethnic equality, ethnic unity, and common prosperity of all ethnic groups, and develop a new type of socialist ethnic relations of equality, unity, mutual assistance, and harmony;
② Consciously implement the provisions of the Constitution The obligation to safeguard national unity and the unity of all ethnic groups in the country is the responsibility of every Chinese citizen.
As contemporary young students, we must put into action our responsibility to consolidate and develop socialist ethnic relations;
③Adhere to and improve the system of regional ethnic autonomy, the basic policy and basic political system for solving ethnic issues;
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④ Improve relevant laws and regulations, fully protect the autonomy rights of all ethnic minorities, so as to mobilize their initiative and enthusiasm to participate in socialist modernization;
⑤ Need for people in various ethnic minority areas Carry forward the spirit of self-reliance and hard work, give full play to one's own creativity and enthusiasm, and make full use of one's own advantages to develop the economy; it is necessary for ethnic minority areas and developed areas to achieve complementary advantages and mutual benefit; it needs strong support from the central government and economically developed areas ; The state needs to provide policy preferences for the development of minority areas.
⑥Adhere to the basic policy of freedom of religious belief; the state protects normal religious activities; *** manages religious affairs in accordance with the law; my country's religion adheres to the principle of independence and self-management; actively guides religion to adapt to the socialist society.
The content or basic characteristics of ethnic relations are determined by the nature of ethnic relations. They are restricted by the development of the times and the nature of society. They are also related to the main contents and solutions of ethnic issues to be solved at that time. In contact. The content and characteristics of ethnic relations in different societies have their own characteristics.
As a social phenomenon and social existence, ethnic relations are inevitably affected and restricted by the environment and development conditions. Ethnic relations are not only the product and accumulation of historical environment and conditions, but more importantly, they are a refraction and reflection of real environment and conditions. Therefore, ethnic relations exhibit different characteristics under different conditions. Ethnic relations in private ownership societies are basically characterized by oppression and rule, exploitation and plunder, discrimination and humiliation, and suppression of assimilation.
Ethnic relations in a socialist society are based on equality, unity, mutual assistance and harmony. The ethnic relations in the primary stage of socialism in our country are already socialist ethnic relations in nature, with equality, unity and mutual assistance of all ethnic groups as the basic content. Due to the limitations of the stage it is in, it also shows relative imperfection, showing that it inevitably carries the incompleteness of ethnic equality, the relativity of ethnic unity, and the limited mutual assistance and cooperation between ethnic groups at this stage of development. And the natural nature of mutual assistance and competition, the preliminary nature of mutual prosperity and other characteristics. How to handle the relationship between citizens and the government or the country
Our country’s government is the people’s government. The power of the government comes from the people. The government must adhere to the purpose of serving the people. , insist on being responsible to the people, and our citizens have the right to exercise supervision rights in accordance with the law, supervise and restrict the behavior of the Communist Party. How do policy banks handle the relationship with the Communist Party?
Policy banks are our country’s financial system A new type of legal person has emerged in the reform process, which meets the conditions for the establishment of a legal person under Chinese law and has an independent legal person status; however, the classification of legal persons in my country’s civil law cannot include new legal persons such as policy banks, because policy banks The nature and specificity of its tasks determine that it is neither an enterprise legal person, an agency legal person, nor a public institution legal person, nor a social group legal person; after joining the WTO, it emphasized the distinction between public and private law and the division between public and private legal persons, which has great theoretical significance and Practical significance: Judging from the purpose and purpose of the establishment of my country's policy banks and foreign practices, policy banks should be public legal persons, which has sufficient basis. There are deviations in the theoretical circles' understanding of the legal status of policy banks, which should be corrected.
1. Introduction
The so-called policy banks refer to those banks that are mostly founded, participated in or guaranteed by the Communist Party. They are not for profit and are dedicated to implementing and cooperating with the Communist Party. Social and economic policies or intentions, within a specific business field, directly or indirectly engage in policy financing activities, and act as a financial institution to develop the economy, promote social progress, and carry out macro-economic management tools. 1 The emergence and development of policy banks are the product of state intervention and economic coordination. 2 Many countries in the world today have established policy banks with a relatively comprehensive range of types and constitute a relatively complete policy banking system, such as Japan’s famous “two banks and nine treasury” system, including the Export-Import Bank of Japan, the Development Bank of Japan, National Bank of Japan, Housing Finance Corporation, Agriculture, Forestry and Fisheries Finance Corporation, Small and Medium Enterprises Finance Corporation, Hokkaido Tohoku Development Corporation, Public Enterprises Finance Corporation, Environmental Sanitation Finance Corporation, Okinawa Promotion and Development Finance Corporation, Small and Medium Enterprises Credit insurance public treasury; South Korea has policy banks such as Korea Development Bank, Korea Export-Import Bank, Korea Small and Medium Enterprises Bank, and Korea Housing Bank; France has Crédit Agricole, French National Bank for Foreign Trade, French Land Credit Bank, French National Bank, etc. Policy banks such as Credit Bank and Small and Medium Enterprises Installation Credit Bank; the United States has policy banks such as the Export-Import Bank of the United States and the Federal Housing Credit Bank System. These policy banks play a unique and important role in the social and economic life of various countries and form part of the two wings of each country's financial system.
In accordance with the spirit of the Third Plenary Session of the 14th Central Committee of the Communist Party of China and the "Decision of the State Council on Financial System Reform" (hereinafter referred to as the "Decision") and other documents, our country also successively established the China Development Bank (China Development Bank) in 1994. There are three policy banks: the Agricultural Development Bank of China (November 8, 1994) and the Export-Import Bank of China (July 1, 1994). So far, my country's policy banks have been established and operated for nearly eight years, but people are not clear about the legal nature of policy banks. The author believes that after my country joins the WTO, studying and solving this problem has very important theoretical and practical significance. This article attempts to explore this issue in order to promote the reform and innovation of our country's legal person system.
2. my country’s policy banks are independent legal persons
A legal person is an organization with three-dimensional civil qualifications. Foreign policy bank legislation generally confirms that policy banks have independent legal person status. For example, Article 2 of the "Korean Industrial Bank Act" stipulates that the Korea Development Bank is a legal person; Article 2 of the "Korean Residential Bank Act" stipulates that the Korean Residential Bank is a legal person; Article 2 of the "Korea Export-Import Bank Act" stipulates that the Korean Import Bank The Export Bank is a legal person; Article 3 of the Korean Small and Medium Enterprises Bank Law stipulates that the Korean Small and Medium Enterprises Bank is a legal person. The "Export-Import Bank of Japan Act", the "Japan Development Bank Act", the "Japan Agriculture, Forestry and Fisheries Finance Corporation Act" and other legislation on the "two banks and nine treasury" also confirm that these policy banks have legal personality.
According to the provisions of the "Decision", the Agricultural Development Bank of China and the Export-Import Bank of China are independent legal persons. Article 2 of the "Articles of Association of the Agricultural Development Bank of China" approved by the State Council also stipulates that the Agricultural Development Bank of China is an independent legal person. However, the "Decision", the State Council's "Notice on the Establishment of the China Development Bank", the "National Development Bank Establishment and Implementation Plan" approved by the State Council and the "China Development Bank Charter" do not clearly stipulate whether the China Development Bank is an independent legal person. . 3
The author believes that China Development Bank is also an independent legal person. The reasons are as follows: (1) Article 37 of my country’s General Principles of Civil Law stipulates that a legal person shall meet the following conditions: 1. Established in accordance with the law; 2. Have necessary property or funds; 3. Have its own name, organization and location; 4. Ability to independently bear civil liability. The China Development Bank was established in accordance with the "Decision", the State Council's "Notice on the Establishment of the China Development Bank", the "China Development Bank Formation and Implementation Plan" approved by the State Council, and the "China Development Bank Charter", that is, it was established in accordance with the law. ; The registered capital of the China Development Bank is 50 billion yuan, which is allocated by the Ministry of Finance, so it has the necessary property and funds; the China Development Bank has its own legal name and a relatively sound organizational structure, such as the president, vice president, The President's Meeting, the Board of Supervisors and several functional departments have a fixed location, with its headquarters in Beijing and several branches across the country. In business operations, the China Development Bank independently bears civil liability. It can be seen that China Development Bank meets all the conditions of a legal person. (2) The Agricultural Development Bank of China and the Export-Import Bank of China, which were established in the same year but have much smaller asset scale, business volume, business scope, and influence than the China Development Bank, are both independent legal persons. 4 The China Development Bank There is no reason why they cannot become independent legal persons; (3) Policy banks, including China Development Bank, have independent legal person status, which is in line with the original intention of establishing policy banks, is conducive to the separation of policy finance and commercial finance, and is conducive to policy Banks should strengthen their operation and management, implement independent accounting, operate autonomously and with guaranteed capital, unify responsibilities and rights, and establish a risk responsibility mechanism; (4) Judging from the spirit of the State Council’s normative archives on the establishment of the National Development Bank, the National Development Bank in fact It is treated as an independent legal person, such as: China Development Bank has its own "Articles of Association"; it has registered capital allocated by the state; it implements independent accounting, operates independently, and carries out business activities independently; it is a policy directly under the leadership of the State Council Financial institutions (ministerial units), etc.
In short, there is no doubt that my country’s three policy banks all have independent legal personality.
However, it is not enough to clarify that policy banks have independent legal person status. We must further clarify what kind of legal person they should be.
3. my country’s policy banks should be public legal persons 5
(1) The classification of legal persons in my country’s civil law cannot include new legal persons such as policy banks
my country's current "General Principles of Civil Law" divides legal persons into two categories: enterprise legal persons and agencies, public institutions and social group legal persons. The author believes that this classification cannot include newly emerging legal persons such as my country's policy banks. This is because:
1. Policy banks are not corporate legal persons. An enterprise legal person refers to a legal person that is independently engaged in commodity production and operation activities for the purpose of profit; among them, the purpose of making profit and having independent economic interests are its important legal characteristics. 6 The main feature that distinguishes policy banks from other commercial financial institutions is that they are not for profit, and they specialize in implementing and cooperating with national social and economic policies or intentions, and are based on the pursuit of overall social benefits; 7 It has a certain degree of independence In terms of economic interests, we must also strengthen economic accounting and strive to maintain capital and small profits, but it does not place as much emphasis on its own independent economic interests as commercial financial institutions do.
From another perspective, if policy banks are corporate legal persons, then they are no different from commercial banks, and their establishment and operation must also comply with the provisions of the Commercial Bank Law, which is obviously against the provisions of the Commercial Bank Law. 8 and the relevant provisions of the State Council. Therefore, my country's policy banks are not corporate legal persons. Some people believe that my country's policy banks are state-owned enterprise legal persons, and there is no sufficient reason. 9
2. Policy banks are not institutional legal persons. Agency legal persons refer to state agencies at all levels established in accordance with national laws and administrative orders and mainly engaged in state management activities. They are organizations that engage in management activities on behalf of the state. 10 Judging from the characteristic that they are not for-profit, policy banks and agency legal persons are the same; however, agency legal persons also have the characteristics of engaging in management activities on behalf of the state, enjoying and exercising public powers granted by the state in accordance with the law. Banks simply don’t have it. Although policy banks serve as tools for the government to develop the economy, promote social progress, and conduct macro-economic management, policy banks themselves are not part of the government, nor are they state agencies. Therefore, policy banks are not institutional legal persons.
3. Policy banks are not legal persons of public institutions. Legal persons of public institutions refer to various types of legal persons engaged in non-profit social public welfare undertakings, including legal persons engaged in press, publishing, radio, television, film, education, literature and art, etc., and are an important part of socialist spiritual civilization. These legal person organizations are not for profit and generally do not participate in commodity production and business activities. Although they can sometimes obtain certain profits, they are of an auxiliary nature. 11 Policy banks are consistent with public institution legal persons in that they are not for profit; however, as mentioned above, the activities of public institution legal persons are limited to social activities in culture, education, health, sports, press, publishing, etc. Although public welfare undertakings cannot be completely separated from commodity economic activities, they are not the main participants in economic activities. The business activities of policy banks mainly include agricultural development, infrastructure, support for basic industries and pillar industries, import and export trade promotion and other important areas of my country's economic construction and development. Those who carry out activities based on policies or intentions are responsible for promoting healthy and coordinated social and economic development and pursuing overall social benefits, and are important participants in socialist market economic activities. It can be seen that policy banks are not legal persons of public institutions. Some people believe that policy banks act in accordance with the government's macroeconomic policy decisions and regulations, and focus on realizing the government's policy intentions and social benefits. Therefore, policy banks should be classified as public welfare legal persons, and are uniquely called "public welfare (undertakings)" "Legal person"12 is intended to refer to it as a legal person of a public welfare institution, which is somewhat far-fetched and confusing.
In addition, there are social group legal persons in my country’s civil law. Obviously, policy banks are also not social corporate legal persons, and I need not elaborate on this.
Since legal persons such as policy banks cannot be classified into any classification of legal persons in my country’s civil law, what kind of legal persons are policy banks?
(2) Policy banks should be public legal persons
1. About the meaning of public legal persons
Public legal persons are a concept opposite to private legal persons, and legal persons are divided into public legal persons He private legal person is a major legal person classification in the civil law system. It is a highly abstract legal person classification and has important theoretical value and practical significance. However, those who advocate the distinction between public legal persons and private legal persons do not have a unified standard for how to make the distinction. Instead, there are various theories:
(1) Purpose theory. That is, a legal person established for the purpose of public interests is a public legal person, and a legal person established for the purpose of private interests is a private legal person.
(2) Establishment basis theory. That is, a legal person established in accordance with public law is a public legal person, and a legal person established in accordance with private law is a private legal person.
(3) The founder said. That is, a legal person established by the state or a public organization is a public legal person, and a legal person established by a private person is a private legal person.
(4) Legal relationship theory. That is, legal persons who have a special interest in the country and receive special protection from the country are public legal persons, and vice versa are private legal persons.
(5) Theory of power. That is, any legal person that exercises or shares state power or government functions is a public legal person, and vice versa is a private legal person.
(6) Theory of general social concepts. That is to say, according to the social concept at that time, those who are considered to be public legal persons are public legal persons, and those who are considered to be private legal persons are considered to be pseudo-legal persons. There is no clear standard.
The author believes that the above-mentioned doctrines only describe the standard of distinction from a certain aspect rather than completely. The author advocates that the purpose theory and the establisher theory should be adopted, that is, a legal person established by the state or a public organization for the purpose of public interests is a public legal person. The shortcomings of the other theories are either that they are not comprehensive and may lead to partial coverage, or they are not credible due to poor certainty.
The division of public and private legal persons is based on the division of public and private laws. It is the product of Western scholars dividing law
into public and private laws. The former Soviet Union and Eastern European countries did not recognize the distinction between public legal persons and private legal persons because they abandoned the distinction between public law and private law.
Due to the influence of the theories of the former Soviet Union, our country's legal theory regarded all laws in our country as public law for a long period of time and denied the existence of private law. This theory originated from and adapted to the requirements of the previous administrative and economic system where power was highly concentrated. Under the conditions of the socialist market economy, especially after joining the WTO, this theory is obviously unable to meet the needs of reality. Based on the nature of the market economy itself, the current emphasis on the distinction between public and private laws has great theoretical and practical significance. Some scholars advocate that distinguishing public law and private law is a prerequisite for establishing a market economy legal system, and they strongly advocate that public law and private law should be distinguished. 13 The author agrees with this proposition and believes that under the conditions of socialist market economy, as long as the division of public law and private law is recognized, the important value and significance of the division of public legal persons and private legal persons will exist. Some scholars in our country have affirmed the legal significance of this division. 14
2. The reason why policy banks should be public legal persons
Since our country’s legal system has traditionally been civil law, and our country’s current civil law divides legal persons
category cannot cover new legal persons such as policy banks. The author believes that it is worthwhile to analyze the legal nature of policy banks from the perspective of dividing public legal persons and private legal persons. The author believes that policy banks should be public legal persons for the following reasons:
(1) The purpose and purpose of policy banks is to serve the interests of the public. Policy banks are not for profit, but should pursue overall social benefits and serve public purposes. The reason for this is that policy financial business and profit-seeking operating business are often contradictory, that is to say, policy business is non-profit or low-profit. For example, the development of backward areas in a country is of great significance to the country's balanced economic development, social stability and progress. However, in the process of economic modernization, if profit-oriented is the goal, relatively scarce funds will not only not flow to backward areas, but will leak out from backward areas and flow to economically developed areas with higher capital profitability. In this case, for commercial financial institutions, the rational behavior of pursuing profits is contrary to the macroeconomic development goals. In this way, only policy banks founded by ***, which are not for profit, but obey the requirements of macro-economic and social development goals, can deliver funds to backward areas. The resulting losses will be borne by *** * Grant subsidies, or guarantee their debts. But this does not mean that policy banks will inevitably suffer losses if they ignore the profits from operating activities.
(2) Policy banks are established or controlled by the state. Different from commercial financial institutions, the vast majority of policy banks are founded by direct wholly or partially funded banks, such as Japan's "Nine Banks and Nine Banks", South Korea's policy banks, the Export-Import Bank of the United States, and my country's three policy banks. All commercial banks are wholly funded by the state; or are established with a guarantee from the state. Regardless of how policy banks are established, they are backed by the state, and their organizations and activities are controlled and mastered by the state. They maintain extremely close contact with the state and the government, and obey and serve the overall interests of the country's social and economic development. needs, and to serve the implementation and coordination of ***’s social and economic policies and intentions.
(3) Some countries that also belong to the civil law tradition, such as Japan and France, stipulate in their policy bank legislation that policy banks are public legal persons.
Some scholars believe that policy banks are public welfare (institution) legal persons; 15 In fact, public welfare legal persons are a type of corporate legal persons, and corporate legal persons are a type of private legal persons. Therefore, these scholars actually The above is a kind of policy bank that advocates that it is a private legal person. The author believes that this lacks sufficient basis and therefore cannot be established.
The author believes that as long as the validity of the distinction between public and private laws is recognized in China, the proposition that policy banks are public legal persons will be established.