非经营性国有资产与用益物权制度

Non-operating State-owned Assets and the System of Usufruct in Real Property

非经营性国有资产的法律制度革新关乎行政事业体制改革的成败。非经营性国有资产存在的问题,本质是财产问题,决定其应由物权法调整。用益物权的本质与功能是确定一国用益物权制度的法理依据,一国的基本财产关系是确定用益物权的内容和种类的必要因素。我国物权法缺乏对非经营性国有资产利用关系的规范,不利于建立完善其监控机制。非经营性国有资产存在归属与利用关系的天然分离,为物权法确认一种新型用益物权——非经营性国有资产使用权,提供了理论依据。

Success or failure of the reform about administrative the law system of non-operating state-owned assets. non-operating state-owned assets is about property, career depends on the reform in The essence of which should be the problems adjusted by the Property Law. The nature and function of usufruct in real property is the foundationof the state＇s usufruct in real property. The property relationship of a country is the necessary factor to determine the content and kinds of usufruct in real property Property law in our country has no specification for how to use non-operating state- owned assets, which is not conducive to establish and improve the monitoring mechanisms. The natural separation of the relationship between owning and using non-operating state-owned assets provides a theoretical basis for the property law to confirm a new type of usufruct in real property：the right to use the non-operating state-owned assets