现代产权制度与国有企业产权的法律界定

Modern Property Rights System and Legal Definition of the Property Rights of the State Enterprises

自法人财产权的概念在我国提出以来,很多学者都进行了探讨,但由于传统民法理论的局限性,使得在立法上和理论分析上都陷入了困境。本文尝试用经济法学理论和法律经济学理论来剖析现代产权制度下的法人财产权,认为股东在出资以后,对投入公司的财产归属感日益淡薄,其所关心的是利润的最大化。公司作为股东获取利益的“平台”,在追求经济利益最大化的同时,还必须正确处理受经济法调控的法人财产权与效率、公平的关系。

Lots of learners have inquired into the concept of the property rights of the corporative property rights since it was raised, but the analysis both in legislation ＆ theory of is getting into trouble, owing to the limitations in theory of traditional civil law. Based it upon the socialized large-scale production, this article analyzes the concept of corporative property right, using the theory of legal economics, and it holds that the stockholders get blunted in sense of owership of the company property after they have invested in it. What they care is the maximum profit. The company, as the “platform” to the stockholders interests , must correctly handle the relation between the property rights and the efficiency ＆ justice that are regulated and controlled by economic law, as well as exercises its corporative property rights and seeks the maximum of interests.