论混合所有制下国家股东的人格化构建

The Logic and Path of the Personification Reconstruction of State-shareholder under the Mixed-ownership Reform

在混合所有制下,既要解决国有资产所有者缺位问题,更要打造与私主体股东法律地位平等的国家股东,这就必须从源头上加强国家股东人格化的制度构建。然而,我国现行国家股东人格化构建问题重重,突出体现在“国家所有、分级代表”的人格化构建模式下的政企不分、权责不明、拥有超越一般股东权能的“超级股东”等问题。为此,有必要在“国家所有、分层代表”模式下重构国家股东人格化模式,将国家授权机构设置为第一层次国家股东代表,将国有资本投资运营公司设置为第二层次国家股东代表,将国企内部的国有产权代表设置为第三层次国家股东代表,以实现政企分开、分类治理、股东权能多元化行使、行政监管与权益监管分别行使等多重混改目标。

Under the mixed-ownership reform,if we want to solve the problem of the absence of the owner of state-owned assets and build the state-shareholder with equal legal status compared to private shareholders,we must strengthen the system of the personification of the state-shareholder from the source.However,there are many problems in the current system of personification of the state-shareholder in China,especially under the personification mode of“state-owned,representatives according to administrative ranks”,such as lack of separation between government and state-owned-enterprises,unclear rights and responsibilities,and“super-shareholders”having power over ordinary shareholders.Therefore,it is necessary to reconstruct personification of the state-shareholder under the mode of“state-owned,representatives with different levels”,the state-authorized-institution should be set up as the first-level representative of the state-shareholder,the state-owned capital investment and operation company should be set up as the second-level representative of the state-shareholder,and property rights representative of state-owned enterprises should be set up as the third-level representative of the state-shareholder,in order to achieve multiple goals of the separation of government and state-owned-enterprises,classified governance,diverse exercise of shareholder’s rights,exercise of administrative supervision and rights supervision under the mixed-ownership reform.