WTO规则与国有医院“两权分离、国有民营”改革

Regulations of WTO and Reform of Separating Two Kinds of Rights and State-owned but Operated by the Local People for State-owned Hospitals.

长期以来 ,我国的国有医院实行的是国家所有、国家经营 ,这种办医方式使国有医院无法实行自主经营、自负盈亏 ,不能作为独立的法人实体和竞争主体参与市场竞争。为此 ,面对我国入世形势下医疗服务业的逐步开放 ,笔者就国有医院的产权制度改革提出以治理结构变革为主要内容的“两权分离、国有民营”这一概念。“两权分离”即指医院财产的所有权和经营权的适度分离 ,最终变革的思路是国家终极所有权和医院法人所有权分离 ,国家只对国有资产拥有终极所有权 ,国有医院拥有法人所有权并与经营权两权合一 ,成为真正的法人。“国有民营”是指在国家享有医院财产终极所有权 ,保持对国有医院控制力的前提下 ,在医院性质、职能、隶属关系和国家对非营利性医疗机构的各项优惠政策不变的基础上 ,国有医院通过采取民营的方式进行经营管理。“两权分离”是前提 ,“国有民营”是核心。“两权分离、国有民营”改革具有现代企业制度的基本特征 ,简而言之 ,就是法人财产制、法人治理结构和有限责任制。

State-owned hospitals in our country are operated by state for long time, which results that state-owned hospitals could not be independent in management and assume sole responsibility for their profits or losses, and could not participate market competitions as an independent corporation and competitive subject. Facing the situation of medical service gradually being opened up after entering WTO and aimed at reform of ownership of state-owned hospitals, the author put forward a new idea that is regarding dealing with construction reform as main contents, separating two kinds of rights and state-owned but operated by the local people. Separating two kinds of rights is to moderately separate ownership and right of use of hospital property. The ultimate reform idea is to separate state ultimate ownership and hospital corporation ownership, which is the ultimate ownership of state-owned assets belongs to state and state-owned hospital has corporation ownership that is combined with operation rights and become a real corporation. State-owned but operated by the local people is that under the precondition of state having ultimate ownership for hospital property and having control ability, and on the basis of hospital nature, function, relationship of being subordinate to and favorable policies for non-profit medical institutions being not changed, state-owned hospitals are operated and managed by the local people. Separating two kinds of rights is a precondition and state-owned but operated by the local people is a core. Reform of separating two kinds of rights and state-owned but operated by the local people is a basic characteristic of modern enterprise system. In a ward, it is corporation property system,corporation administering construction and limited responsibility.