论文部分内容阅读
作为国有资产管理体制的关键环节,组建国有控股公司是实现我国国有资产科学有效管理的必然选择。然而,基于国有股权的特殊性质,实践中国有控股公司中的国有股权行使与法律监管还普遍存在诸如国有代表不合格、内部人控制严重、监管措施弱化等突出问题。本文认为,要明确国有股东的范围、代表制度及其职能定位,并对后股权分置时代即全流通条件下的国有股权行使与监管进行必要的制度建设。
As the key link of the state-owned assets management system, the formation of the state-owned holding company is an inevitable choice to realize the scientific and effective management of the state-owned assets in our country. However, due to the special nature of the state-owned equity, there are still some common problems in practicing the exercise of state-owned equity and the legal supervision in the state-controlled companies in China such as the unqualified state-owned representatives, the serious internal control and the weakening of the regulatory measures. This paper argues that it is necessary to clarify the scope of the state-owned shareholders, their representative systems and their functions, and to make the necessary institutional arrangements for exercising and supervising the state-owned equity under the conditions of full circulation after the split share structure.