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公司治理是现代公司制度的重要组成部分。公司产权的不同决定着相应的公司治理机制之不同。有基于国有公司产权与非国有公司产权的差异性,国有公司治理与非国有公司治理的制度安排应有所区别。国有公司治理应当重点针对代理人问题以强制性立法施以特殊规制,而对非国有公司治理则宜以市场机制来加以选择,并辅之以自律性规范作为指导。
Corporate governance is an important part of the modern company system. The difference between the company’s property rights determines the different corporate governance mechanisms. Based on the differences between the property rights of state-owned companies and the property rights of non-state-owned companies, the institutional arrangements for the governance of state-owned companies and those of non-state-owned companies should differ. The management of state-owned companies should focus on the issue of agency with mandatory legislation to impose special regulations, while the management of non-state-owned companies should choose market mechanisms, supplemented by self-regulatory norms as a guide.