推进国企混合所有制改革的法律对策

Legal Measures to Promote the Mixed-ownership Reform of State-owned Enterprises

回顾国企改革历程,从放权让利式的微观经营机制改革到建立现代企业制度的产权改革,虽取得了一定成效,但仍然面临国企内部治理机制不完善及国有经济结构不够优化的困境。深化国企改革,需要进行相关法律制度完善和创新。从合理确定股权比例的角度,要综合考虑国有股权占比问题,探索充分竞争领域国企退出机制,增强关系国民经济、国家安全领域国企的国有资本控制力;从完善现代企业制度的角度,要探索国资监管新模式,实现政企、政资分离;从完善国企法人治理机制的角度,要构建党委会与股东会、董事会协商治理机制,改进对国企管理者和员工的激励机制;从防止国有资产流失的角度,要构建国有资产交易优先权的法律保障机制。

Looking back on the reform of state-owned enterprises,we can see that from the reform of micro operation mechanism with decentralization of power and profit to the reform of property right of establishing modern enterprise system,although some achievements have been made,the internal governance mechanism of state-owned enterprises is not perfect and the state-owned economic structure is not optimized enough.To deepen the reform of state-owned enterprises,we need to improve and innovate the relevant legal system.From the perspective of reasonably determining the percentage of stock shares,we should comprehensively consider the proportion of state-owned shares,explore the exit mechanism of state-owned enterprises in the competitive field and enhance the control of state-owned capital in the field that matters to the national economy and national security.From the perspective of improving the modern enterprise system,we should explore the new mode of supervising state-owned capital,separate the functions of government from that of the enterprise,and separate the government from the capital.From the perspective of improving the corporate governance mechanism of state-owned enterprises,we should build a negotiation governance mechanism between the Party committee,the shareholders′meeting and the board of directors,and to improve the incentive mechanism for the managers and employees of state-owned enterprises.From the perspective of preventing the loss of state-owned capital,we should construct a legal guarantee mechanism ensuring the priority of state-owned capital transaction.