分权制衡:公司法人治理结构的核心——对我国国企改革中公司法人治理结构的法理分析

Make Claims as an Equal Control and Balance:the Core of Corporate Juridical Person Governing Structure --Analysis on Corporate Juridical Person Governing Structure in the Reformation of Chinese State owned Enterprises

国有股权的单一化和集中化是国有企业公司法人治理结构极不规范和完善的深刻根源 ,而缺乏有效的监督机制则又是其直接原因。国企公司化改造过程中首先必须调整国企的股权结构 ,平衡各股之间的利益关系 ,并确立完善的监督机制 。

The unity and centralization of the state owned stock ownership is the penetrating reason why the corporate juridical person governing structure is not normative and perfect. Lack of effective supervision system is its direct reason. In the reformation of transferring state owned enterprises into corporation,the structure of stock ownership should be readjusted in order to balance the benefits among the shareholders. Perfect supervision system should also be set up. Only through these can the owners of title make rival claims as an equal and control and balannce each other.