公有和私有的法律含义——一种新的公有和私有观念

一、问题的提出。改革开放,由计划经济转变为市场经济,建立分散的所有权体制、发展多元化经济的过程中,带来了企业形态和性质界定的难题。企业所有制由单一公有(含集体企业和国有企业)走向公私兼有的多元形态后,我们试图淡化公有、私有划分,而是代之以模糊的“国有”和“非国有”(后者含集体、个体、私营、“三资”等,其中集体在性质上又属于“公有”的范畴)。

The legal division between public and private ownership denotes the attributes of object rather than subject.The object of public ownership is the property that serves the public interest and well being,which is not exchangeable.The object of private ownership is the property that serves the individual interest and well being,which is exchangeable.This article analyzes the incidence and evolution of this kind of division,and applies it in the discussion of ways to materialize China's public ownership system,particularly the ownership by the whole people.The author proposes that it is both necessary and fruitful to distinguish between ownership by the whole people and by the state.The article concludes that the legal division between public and private ownership is important to the re-molding of China's property rights system,the integration of market rules,and the establishment of sound market economy system.