四大商业银行在我国入世之后通过改制上市实现了股权多元化,但是其控股股东-中央汇金公司作为国有资产股东代表没有充分行使股东权利,股东权利的不充分行使主要体现为缺乏能对银行进行有效控制的国有股东代表和缺乏真正关心银行效率的出资人以及高级管理层.由此出现了“国有资产所有者缺位”的现象。国家对银行过度的法律监管以及对国家股东权的相对忽视是“国有资产所有者缺位”的主要原因,本文提出解决“国有资产所有者缺位问题”的法律路径重在加强银行业依法监管在价值层面的法理构造,进而实现监管权和所有权的平衡。 However, the controlling shareholder, Central Huijin, as a shareholder of state-owned assets, did not fully exercise shareholder’s rights. The inadequate exercise of shareholders’ rights is mainly manifested in the lack of ways to conduct bank operations The state-owned shareholder representatives effectively controlled and the lack of investors and senior managers who really care about the efficiency of the bank, resulting in the phenomenon of “the absence of owners of state-owned assets”. The state’s over-regulation of banks and relative neglect of state-owned shareholder rights are the main reasons for the absence of owners of state-owned assets. The paper proposes that the legal path to solve the problem of the absence of owners of state-owned assets should be emphasized The banking industry supervises the legal structure at the value level in accordance with the law so as to achieve the balance between the regulatory power and the ownership.