论新国有资产管理体制下的法人所有权

我国新建立的国有资产管理体制要求排除行政权力对经营性国有资产运营的干预,而法人财产权制度却为新的政企不分创造了条件。修改《公司法》第四条的规定,破除法人财产权,树立法人所有权是实现国有资产高效运营的必要条件,而国家通过一定比例的股权对企业进行控制,又能够提高国有资产的影响力和控制力。

The ownership of legal person under the new state-owned property management system

The state-owned Property management system that our country set up newly requests expelling the administrative intervention in the operation of the state-owned property of enterprise, But the legal person' s proprietary system has created conditions for new indistinction between the functions of the government and those of enterprises. Revising the regulation of article 4 of " company law, get rid of the property right of legal person and set up the ownership of legal person is the necessary condition that realizes enterprise state-owned property efficient operation, and the country controls enterprises through the stock right of certain proportion can raise the influence power and control of state-owned property.