国家出资人代表对国资委的公法责任研究

公司中经国资委委派或推选的董事及监事，负有公法上的国有资产经营监督职责，其对国资委当承担公法责任。当前的责任制度设计，多围绕其董事、监事的私法身份展开，无法为公法责任的追究提供充分的依据。经济处罚、行政处分及禁入限制等制度存在诸多缺陷，不能满足实践的需要。为此，需从国家出资人代表公法责任的来源入手，分析现行责任方式的正当性与合法性，围绕国家出资人代表的公职特性构建其公法责任。

The Public Responsibility of State-Sponsored Representatives to SASAC

The directors and supervisors supported by states-owned stocks in companies, who have the responsibility of operating and supervising for states-owned assets. The current responsibility system, which is designed around their private identity, can not provide a sufficient basis for the accountability of public law liability. There are many defects of economic punishment, administrative punishment and work-limitation. It is necessary to solve the problems starting from identifying the public responsibility of state-sponsored representatives, analyzing the validity of now- running responsibility and erecting the public law responsibility system based on the character of executing official public business.