国有股权的信托行使

股份制改造是我国国企改革的方向.由于国有控股公司等国有资产运营机构仍然不是真正意义上的私法利益主体,导致改造后的股份公司的国有股权现行行使方式缺乏内在的利益驱动,也无法完全摆脱行政权力的制约;并且由于在股份制改造的过程中过于强调国有股的控股地位,吸收非国有资本受到我国当前资本市场发育程度的限制,国有股"一股独大"等问题长期困挠着我国的国有公司.通过适当构造,国有股权的信托行使可以克服现有行使方式的弊端,可以为我国以至于其他国家的国企改革提供新的思路和方法.

The trust exertion of state-owned stock right

Joint-stock system is the orientation of state-owned enterprises innovation. The exertion of stock right of innovated joint-stock enterprises still lacks profit spur and cannot avoid the restriction of administration power entirely because state-owned property management institutions, such as state-owned holding companies, are still not the beneficiary of private law indeed. And because the holding stock status of state-owned stocks was emphasized excessively in the process of reconstruction as well as the restriction of absorbing non-state-owned capital which comes from the development of capital market, state-owned companies suffer many problems, such as state-owned stocks have too huge share for a long time. We can use trusts of state-owned stock right to get over the weakness of current way, and maybe it can provide a new way for the innovation of state-owned companies in our country, and in those of other countries as well.