国有企业经营者薪酬的法律规制——一个程序视角的分析

The Regulation of Executive's Compensation in SOEs:an Analysis from the Procedural Perspective

管理者薪酬,不仅在于给什么,而且在于如何给,此即国有企业经营者薪酬的实体与程序规制两个面向。由于缺乏自治性与适应性,实体规制面临诸多困境甚至"失灵",为此,转换视角,引入和完善薪酬程序规制殊为必要,亦即基于正当程序原理完善程序规制立法以及救济与责任机制,保障程序规制得以实施。

Executive＇ s compensation is not only how much they will be paid, but also how, namely, which consists of the substantive and procedural regulation of executive＇s compensation in stateowned enterprises（SOEs）. Being short of autonomy and adaptability, substantive regulation confronts with many difficulties and tends to ＂regulatory failure＂. It is necessary to shift the present perspective to introduce and improve procedural regulation,i, e. , based on the principle of due process to improve procedural regulation legislation, systems of remedy and liability, thus, the procedural regulation may be implemented.