国企公司制改革的现状与对策研究

Current situations and Its Countermeasures Research of Corporate System Transformation in State-owned Enterprises

国有企业在组织形式方面改革的重要一环是公司制改造,依照公司法建立完整有效的现代企业经营机制,最大限度地提高企业营运的效率。目前,在一些国企改制后的公司中,企业法人治理结构尚不完善。如政企不分,有相当一部分国有控股有限公司对行政依赖等。因此,在国企改革中不但要解决以上问题,还应该妥善处理好"老三会"与"新三会"的关系,落实股东大会的法律地位,完善公司内部的制衡机制和监事会机制,严格保护企业职工的合法权益。

A vital link in the reform of configuration of organization within state-owned enterprises is to undertake the transformation of corporate system, build a sound and effective modern mechanism of business management according to Company Law and increase companies' efficiency in operation. Currently, some corporations transforming the corporate system of state-owned enterprise has not improved their governing structure of business entity yet, such as integration of government administration with enterprise, i.e. there are still dependence on government policies in quite a number of government-owned proprietary limited companies. Therefore, in the reform of state-owned enterprises, we should not only solve the above problems, but also handle well with the relationship between 'three old committees' and 'three new committees,' carry out the legal status of general meeting of share holders, improve the checks and balance mechanism and the board-of-supervisors mechanism within company, and strictly protect legitimate interests of employees.