法人所有权问题探讨

关于法人所有权的内容,理论界有多种观点,最具有代表性的就是“两权分立”,即对于国有企业的资产“国家享有所有权,企业享有经营权”,这一观点通过国务院的《全民所有制工业企业转换经营机制条例》产生了法律效力。该立法的实施在企业改革中确实取得了一定成效,在一定阶段曾调动了企业的积极性,但却与法人所有权理论相悖。随着企业改革的不断深入,应当在立法上明确规定法人所有权,即法人对其财产享有所有权,而非经营权,才能真正保障企业法人对其财产的自主支配权。

Exploring the Corporate Ownership

There are many kinds of viewpoints in the acaderaic circles about the contents of the ownership of corporations. And the most typical viewpoint is that"the two rights separated", which means that as for the assets of the state - owned enterprises, "the country has the right of the ownership, and the enterpris-es have the right of operating" . This vievvpoint has had the force in effect via "The Statutes on the Trans-forming of the Mechanism of Operating for the Public - Ovvned Industrial Enterprises". Although the statutes do have had some good results after they have been brought into effect and have stimulated the enterprises' motivation during some certain time, they are against the theory of the ovvnership of corporations . As the enterprises are going deeper and deeper into the industrial reformation, the law - making committee should stipulate the ovvnership of corporations on the legislations clearly, that is, corporations should have the ovvnership of their properties but the right of operating. By doing this only, we can make certain that the industrial corporations can control their properties independently.