关于企业国有资产界定的法学思考民商法学专业论文.docxVIP

《关 《关于企业国有资产界定的法学思考》 西南 西南政法大学硕士学位论文 PAGE PAGE 13 PAGE PAGE 10 制度调整，其中每一观点下又分别提出三项论据以阐述和支持该观点。对于如何 解决实践问题，也回应上文分为三个部分，文章通过对概念和制度问题的阐述已 经为实践中问题的解决提供了理论支持，笔者又借鉴了其他四个西方国家在企业 国有资产管理中的先进经验，分析了在我国当前国情下对该三类实践问题能够适 用的解决方法。 【关键词】界定 国有资产 企业国有资产 所有权 经营管理权 公司制 ABSTRACT This paper mainly research the definition of the state-owned assets in enterprises, the definition means, at first, expounded the connotation of the concept, as well as who has the ownership of state-owned assets in enterprises; secondly to clarify the boundaries, scope and relationship about possession, use and dispose of rights in accordance with the law between the holder who have rights and obligations of the state-owned assets in enterprises. This paper proposes three issues about the theory and practice of state-owned assets defined, conceptual issues, institutional and practical issues. The main problem in concept is that the concept of state-owned assets in enterprises is a proper subset of state-owned assets, but the concept of state-owned assets didn’t stipulate in the law article, how to distinguish the scope of the state-owned assets and state-owned assets in enterprise, so that the state-owned assets in enterprise, the legal concept can has stability, certainty and applicability. The institutional issues include three areas, the ownership institution, property rights, and the corporate institution can be applied in state-owned assets in enterprise, update the theory to effectively promote the reform of state-owned enterprises to promote economic development, which is the second question. There are three types of practice issues, including how to define the ownership of state-owned assets in enterprises, and how to implement the distinguish of the management rights of the State-owned Assets Management Committee and state-owned enterprises, and how to build and improve the state-owned assets level institution in nation and state. The second part of this article is to describe the theoretical rese