我国民法通则第八十二条规定:“全民所有制企业对国家授予它经营管理的财产依法享有经营权,受法律保护”新颁布的《中华人民共和国全民所有制工业企业法》第二条揭示了经营权的具体内涵,即“企业对国家授予其经营管理的财产依法享有占有、使用和处分的权利”。实行所有权和经营权分离是改革企业经营机制的重要原则,国家在保持对国有资产的最终处置的前提下,赋予企业完整的 Article 82 of the General Principles of Civil Law of the People’s Republic of China stipulates that “Article 2 of the” Law of the People’s Republic of China on the Industrial Activities by Ownership “promulgated newly by the” all-people-owned enterprises “shall enjoy the rights of operation granted by the state in accordance with law for the properties under its management and administration and shall be protected by law. The specific connotation of the right is ”the right of the enterprise to possess, use and dispose of the property granted by the State to its operation and management according to law." The separation of ownership and management rights is an important principle in reforming the operating mechanism of enterprises. Under the precondition of maintaining the final disposal of state-owned assets, the state gives enterprises complete