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国资委作为代表本级人民政府履行出资人职责的机构,实质是国家出资企业之出资人即国家股东之代表,其作为国家股东代表,代表国家股东持有国家出资企业股份,代表国家股东履行出资人职责,代表国家股东履行股东义务、行使股东权利。国资委的定位应当是:出资人即国家股东代表,是只承担国有资产出资者职能的政府机构及机关法人,国资委应通过国有资产三级授权经营体制及三层委托代理体制实现其法律地位。
As an institution that performs the investor’s duties on behalf of the people’s government at the corresponding level, the SAC is essentially a contributor to a state-funded enterprise, ie a representative of a state-owned shareholder. As the representative of a state shareholder, it holds the shares of state-invested enterprises on behalf of state shareholders and performs the capital contributions on behalf of state shareholders Responsibilities of the people, perform the obligations of the shareholders on behalf of the state shareholders and exercise the rights of the shareholders. The SASAC should be positioned as follows: the investor is the representative of the state shareholder, the government agency and the legal entity that only assume the function of the state-owned assets funder, and the SASAC should realize its legal status through the three-level authorized management system of state-owned assets and the three-tier principal-agent system .