国有股权行使的关联问题初探

Theory of Affiliate Transaction of State-owned Shares

国有股权是指国家对企业各种形式的出资所形成的权益。国有股权行使的关联问题不同于一般股权,有特殊性。而现有《企业国有资产法》作为调整国有股权的特别法,在调整国有股权关联交易问题上并没有体现特别之处,而是《公司法》的简略照搬。所以我们应该完善《企业国有资产法》以使更好地规范国有股权行使中的关联问题。

State-owned Shares is the rights and interests which are from the capital contribution from the state to enterprises in various forms. The affiliate transaction of state-owned shares is different from general shares, and has it is particularity. While the existing ＂state-owned enterprises assets law＂ as a special law in adjustment on the affiliate transaction of State-owned shares was not special,and it is just, the brief copy of company law. So we should perfect ＂state-owned enterprises assets law＂ to better regulate the affiliate transaction of state-owned shares.