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具有特殊法人地位的国有企业已成为现代国家调控经济、稳定社会、服务政治的重要手段。其一般受单项法令调整,且呈数量少、规模大、接受政府直接干预的特征。本文在讨论我国国有企业的制度缺陷和特殊身份之后,就是否确立特殊法人地位,是否退出竞争性行业和是否强调增殖目标进行了较为深入的分析,并相应提出了一些有价值的结论和建议。笔者认为,除了少数具有特殊法人地位的国有企业之外,绝大多数国有企业将告别已经贬值的特殊待遇,卸掉难以支撑的特殊责任,在经过历史阵痛之后,选择以多元混合为特征的现代企业制度。
State-owned enterprises with special legal person status have become an important means for modern countries to regulate their economy, stabilize their society and serve for politics. It is generally governed by a single ordinance and is characterized by a small number, large scale and direct government intervention. After discussing the system defects and special identities of state-owned enterprises in our country, this article makes a more in-depth analysis on whether to establish a special legal person status, whether to exit the competitive industry and whether to emphasize the goal of proliferation. Some valuable conclusions and suggestions are put forward correspondingly. In addition to a handful of state-owned enterprises with special legal person status, the author believes that most state-owned enterprises will bid farewell to the special treatment that has been devalued and remove the special responsibility that is difficult to support. After a painful history, they choose the modern Enterprise system.