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国有企业中的国有出资人代表,承载着实现国有出资目的的功能。在我国法定的就是各级国资委。本文从产权角度入手,剖析了确保出资者监督权有效发挥作用的必要条件;明确了国资委对国有企业的监督权的性质仍然是所有人的监督;阐述了国有企业出资代表人行使所有人监督权的实现。论证得出国资委作为国有企业出资代表人的监督是一种所有人的监督,而又因为国资委行使监督权时多采用行政管理方式,使其监督权具有一定的特殊性。
State-owned investor representatives in state-owned enterprises carry the functions of realizing the purpose of state-owned investment. In our country, the statutory body is SASAC at all levels. This paper analyzes the necessary conditions for ensuring the supervisor’s right to play an effective role from the perspective of property rights, clarifies that the nature of the supervisory power of SASAC to state-owned enterprises is still the supervision of all, expounds the supervision of the representative of the state-owned enterprises The realization of right. The argument shows that the supervision of the SASAC as the representative of the state-owned enterprises is a kind of supervision of all the people. However, because SASAC often adopts the mode of administration to exercise its supervisory power, the supervisory power of the SASAC has its own particularity.