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国有企业的改革中关于所有权和股权的问题上存在着很大的争议。本文针对所有权股权两权分立等学说颠覆公司法基本原理中关于所有权和股权基本关系的情况,借助对公司法条文以及原理的分析,剖析国有控股公司“国有性”的弊端,基于此来正确看待国有公司所有权和股权之间的关系。
There is much controversy over the issue of ownership and equity in the reform of state-owned enterprises. This article aims at the subversion of the ownership of equity and other theories to subvert the basic principles of corporate law on the basic relationship between ownership and ownership of the case, with the aid of the provisions of the law and the principle of analysis, the state-owned holding company “state ” drawbacks, based on this Correctly view the relationship between ownership and ownership of state-owned companies.