我国国资授权经营法律制度的反思与创新

Law Consideration on Authorized Operation of State-owned Assets in China

从现有的有关授权经营制度的相关规定及学界对于授权经营概念性质的界定来看,我国的国资授权经营的概念是模糊不清的,其所包含的法律权利义务关系也是杂乱无章。我国学界现有的国资授权经营信托法制设想与信托理念相冲突。国资授权经营信托化作为国资管理的未来方向值得肯定。具体来说,我们应改变现有国有独资企业、公司独当一面的局面,遴选符合条件的非国有企业和公司担任国资信托受托人。

To view from the concept of authorized operation of state - owned assets in related law system and academic field, the legal relationship between rights and obligations is haphazard. Although the existing assumption to trust law conflicts with trust idea, it is worthwhile to make authorized operation of state - owned assets as a future direction to manage the state - owned assets. Specifically, we should change the situation, in which only the wholly state - owned enter- prises and companies can get the qualifications to become trustees, and select the eligible non - state - owned enterprises and companies as trustees.