国有资产授权经营的局限与出路

从现阶段有关国有资产授权经营的规定看,授权经营的性质非驴非马,授权经营的内容不清不楚,从而导致授权方(国有资产监管机构)与被授权企业的关系不明不白,本该在授权经营中成为“主角”的被授权企业却落得不尴不尬。为改变这种状况,有必要借用信托制度来改造现行的国有资产授权经营制度,即从法律上明确授权方与被授权企业之间为信托关系,进而依据信托法原理来界定授权经营中各方的权利、义务及责任。

A Tentative Approach to Outlet for limitations of Authorized-running of State-owned Assets

Judging from the existing regulations on authorized-running of state-owned assets, the content and the nature of authorized-running seem to be ambiguous, and they result in a vague relation between the organization of supervision and administration for state-owned assets and authorized enterprise. The latter, which should play a leading role in authorized-running, is actually ignored to a great extent. In order to improve such a circumstance, it is necessary to introduce the concept of trust into authorized-running of state-owned assets, and to legally define the relation between the franchisor and authorized enterprise as that of trust. In this way, the principles of trust law can be used to stipulate rights, duties and liabilities of the parties involved in authorized-running.