国有财产的中央与地方关系法治考量

A Legal Thought for the Relationship between Central and Local Governments concerning State-owned Property

国有财产的中央与地方关系主要有"统一所有说"和"分别所有说"两种观点。我国国有财产应当采取三级所有的分别所有原则,不仅有利于中央与地方分权,而且还有利于国有财产从"王室私产"向公共财产的转型。国有财产划分关键要解决好中央与地方之间财权与事权相适应问题以及国有财产的市场转型问题。国有企业、行政事业单位和国有资源是中央与地方之间国有财产划分的重要环节。国有财产划分还要适当考虑到地区之间的平衡问题,确保相对公平。

There are mainly two opinions about the relationship between central and local gov- ernments concerning state-owned property, namely unified ownership and respective ownership. The stateowned property in China should abide by the rule of three-level ownership, which is advantageous to decentralization between central and local governments and the transformation of state -owned property from royal private property to public property. The key to the division of state- owned property is to resolve the unification of financial and administrative powers and the market transformation of state-owned property. The state-owned enterprises, administrative institutions and state-owned＇ resources are the important links of the division of state-owned property between central and local governments. In addition, the division of state-owned property also should take the balance between regions into consideration properly in order to ensure relative fairness.