国有资产立法的国际比较研究

An International Comparative Study of State-owned Assets Legislation

受各国政治经济制度及法律文化的影响,不同法系国家国有资产的概念、范围、分类以及法律体系和监管体制各具特色。总体上看,各国都注重立法先行,在法律制度协调性基础上兼顾差异性监管需求,注重多元主体共治并构建多层次监管体系。我国需要立足中国特色社会主义制度和国有资产监管改革实践,着眼国有资产治理格局构建,借鉴各国立法经验,统筹谋划和稳步推进《国有资产法》立法工作,以整体性、系统性、协同性思维健全国有资产法律法规体系。

Influenced by the political and economic systems as well as the legal cultures of various nations,the concept,scope,classification,legal system,and regulatory system of state-owned assets in various legal jurisdictions have their unique peculiarities.But,generally speaking,all nations prioritize legislation first,consider various regulatory requirements in light of a harmonized legal system,and concentrate on the joint governance of several issues and the creation of a multi-level regulatory system.China needs to base on the socialist system with Chinese characteristics and the reform practice of state-owned assets supervision,focus on the construction of the governance pattern of state-owned assets,draw on the legislative experience of other countries,plan and steadily promote the legislation of the State-owned Assets Law,and improve the legal and regulatory system of state-owned assets with a holistic,systematic and synergistic thinking.