法人型联营与合伙型联营应从以下几点进行具体析别:首先,从联营章程上析别。国家工商行政管理局《关于经济联合组织登记管理条例》第4条规定,不管是法人型联营还是合伙型联营,都必须有联营章程。所以,如果联营各方在联营时有章程,并如实记载有关事项,则根据章程即可判断其联营方式。如根据联营成员的权利义务、利润分配及承担连带责任看联营是否有独立的财产,能否独立承担民事责任,根据经营范围及经营方式看,联营是否独立核算自负盈亏,从组织机构的产生形式和职权、决策程序等看联营的机构是否独立完整,联营机构的负责人有否具备法人 Legal joint venture partnership and partnership should be specific from the following points: First, from the association charter. Article 4 of the “Regulations of the State Administration for Industry and Commerce on the Registration and Management of Economic Unions” stipulates that there shall be a joint venture constitution, whether it be a legal person or a partnership. Therefore, if the parties to a joint venture have a charter in the association and the matter is accurately recorded, the association can be judged according to the articles of association. For example, according to the rights and obligations of the associates, profit distribution and joint and several liabilities, whether the joint venture has independent property or not, whether the joint venture can bear the civil liability independently or not, and whether the joint venture should be responsible for its own profit and loss according to its business scope and mode of operation, And authority, decision-making process to see whether the joint venture is independent and complete, whether the person in charge of the joint venture has a legal person