我国现有国有资产管理立法问题及其克服

现有国有资产管理机构存在行政权与出资人权利混淆的问题。由于没有统一的国有资产管理立法,使得国 有资产管理体制缺乏宏观的规划与设计,对国有资产管理的全过程缺乏权威和统一的制度设计和安排。应制定《国 有资产管理法》,建立权威的国有资产管理机构,明确界定其性质、地位及其权限。

Problems of Legislation concerning Management of State-owned Capital at Present and Related Solutions

That the executive power is confounded with that of the investor at present is an existing problem in the managerial organization of state-owned capital. There is the lack of macro plan and design in the managerial system of state-owned capital as well as an authoritative and uniform institutional arrangement concerning the whole process of management of the state-owned capital, which results from the absence of a uniform legislation related to the management of state-owned capital. Law of state-owned capital should be made, authoritative managerial organization of state-owned capital should be established, and the nature, status and limit of power of the organization should be defined.