混改企业稳市场主体保就业功能与法治化路径探析

Analysis on the Function of Stabilizing Market Subjects and Ensuring Employment of Mixed Reform Enterprises and the Approach of Legalization

经济社会欲实现高质量发展需要各方主体共同努力,在不断优化营商环境“招商引资”的同时,办好现有企业及用好现有市场主体的资本对于保就业促发展同样重要。通过田野调查的体验式参与法,对H市X公司国资股股东与职工股股东之间就公司持续经营和国资股投资权益回收争议进行研究,发现X公司国资股股东拟以解散注销X公司形式回收国资股投资权益的举措不利于稳定市场主体保就业。提出各主体尤其是国资单位应合法合理稳妥行使股东权利,确保国有资产保值增值的同时,不损害民营资本及其他小股东权益。

o achieve high-quality economic and social development,all parties need to work together.While continuously optimizing the business environment to attract investment,it is equally important to run existing enterprises well and make good use of the capital of existing market subjects to ensure employment and promote development.Through the experiential participation method of field investigation,this paper studies the dispute between the shareholders of state-owned shares and employee shares of X company in H city about the company's continuing operation and the recovery of state-owned shares'investment rights and interests,and finds that the measures taken by state-owned shareholders of X company to recover state-owned shares'investment rights and interests in the form of dissolution and cancellation of X company are not conducive to stabilizing market players and ensuring employment.It is proposed that all subjects,especially state-owned units,should exercise shareholders'rights legally,reasonably and steadily to ensure the preservation and appreciation of state-owned assets without harming the rights and interests of private capital and other minority shareholders.