国有股权信托若干问题

Several Issues on the Trust of State-owned Stock Right

我国国有资产的实现方式从国有国营到两权分离再到公司化改造的历程,就是国有资产的经营管理逐步走出国家所有权和行政权阴影的过程,目前的国有股权授权经营也是出于同一思路。在实践中,国有股权的授权经营还存在一些不明确和不协调的地方,因此,应从商法的角度加以完善,以实现国有股权的市场化运作。

The course of operation of state-owned assets, which has changed from state-owing and state-managing to separation of two rights, and experienced the alteration towards form of corporation, indicates the process in which the management and governance of state - owned assets has gradually disengaged the shadow of state ownership and administrative power, and the same method has been embodied by the authorized management of state - owned stock right at present. However, ambiguity and non- harmonization still exist and the authorized management should be hereby perfected from aspect of commercial law to realize the marketization of operation of state-owned stock right.