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随着企业承包经营责任制的推广和外向型经济的发展,深圳市出现了承包经营特区企业的新情况。同时,也引起了法学界和经济学界对这种新情况的激烈争论。争论的焦点主要有以下几个方面:(1)特区企业能否让外商承包经营?(2)哪些特区企业可以由外商承包经营?(3)承包经营特区企业的外商应具备哪些条件?(4)特区企业由外商承包经营后的法律地位会不会改变?(5)由外商承包经营的特区企业能否享受国家给予“三资”企业的政策优惠?(6)如何对外商承包经营特区企业进行管理?本文就这些问题作一些探讨。
With the promotion of corporate contract responsibility system and the development of export-oriented economy, Shenzhen has emerged as a new situation for contracting and operating the special zone enterprises. At the same time, it also aroused fierce debate in the legal and economic circles about this new situation. The focus of the debate is mainly on the following aspects: (1) Can the SAR enterprises allow foreign companies to undertake contracted operations? (2) Which special zones enterprises can be contracted and operated by foreign companies? (3) What conditions should foreign companies contract for to operate SEZs? (4 ) Will the legal status of the SAR enterprises after contracted by foreign companies be changed? (5) Can the enterprises in the special zones contracted and operated by foreign companies enjoy the preferential policies granted by the state to “triple-funded” enterprises? (6) How to contract for foreign-invested enterprises in the Special Zone Management? This article makes some discussion on these issues.