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中华全国总工会对地方各级工会资产享有终极所有权有明确的法律依据和正当性的基础。该正当性基础源于工会社团的自治、工会组织的建构及其目的实现之必须,源于所有权负担的社会义务及权利不得滥用的民法原理,并基于工会资产的集约化经管之需要。当前我国地方各级工会资产流失严重的现实问题也为终极所有权的确立和适用提出了强烈吁求。全总终极所有权并不改变物权的归属,而仅仅是对各级工会资产的监管、约束、保护和服务,其目的在于保护工会资产,助力其保值增值,确立各级工会独立之法律地位并实现其职能与目的。
The All-China Federation of Trade Unions has a clear legal basis and justification for the ultimate ownership of trade union assets at local levels. This legitimacy foundation stems from the autonomy of trade unions, the construction of trade union organizations and the realization of their objectives, the social obligations stemming from the burden of ownership and the principle of civil law that their rights can not be abused, and the need for intensive management of trade union assets. At present, the real problems of the serious loss of the assets of trade unions at various levels in our country also make a strong call for the establishment and application of ultimate ownership. The ultimate total ownership of the entire property does not change the ownership of real rights but merely regulates, restrains, protects and serves the assets of trade unions at all levels. Its purpose is to protect the assets of trade unions, help them preserve and increase their value, establish the legal status of independent trade unions at all levels, Achieve their functions and purposes.