完善国有企业运行机制的法律思考

On Perfection of Corporation System of State-owned-enterprises from Legal Point of View

国企改革的思路应该是努力构建国家股权与公司法人所有权既相互独立又相互制衡的产权结构体系。这一体系要通过现代企业制度 (主要为健全的公司制度 )来加以落实 ,对于大中型国有企业的改革要重点解决三个问题 :一是完善公司机关 ;二是培养经营者 (企业家 )阶层 ;三是塑造合格的国家股东。

This paper suggests that the thinking of the reform of the state owned enterprises should construct a system of equity structure between the state share ownership and the corporate body, which should be both independent from each other and constraining and balancing each other, and should be implemented by establishing systems of modern enterprises (mainly those of healthy corporations). For the reform of middle and large-scale state owned enterprises, the following three problems have to be solved: first is to optimize the headquarters offices of enterprises; second is to cultivate a class of business managers (entrepreneurs), and third is to create qualified state shareholders.