论文部分内容阅读
国有资产法不同于国有资产管理法,前者是后者的上位概念。国有资产法是调整型实体法,是公私混合法,但主要属于公法。国有资产法不是一个独立的法律部门,国有资产主体法、客体法、取得法应属于民法,国有资产管理法应属于宏观调控法,国有资产经营法主要应属于商法,国有资产经营法的特别法律制度应当属于经济法的范畴。国有资产法主要包括国有资产主体法、国有资产客体法,国有资产取得法,国有资产经营法、国有资产管理法。
The State-owned Assets Law differs from the State-owned Assets Management Law, the former being the latter’s superior concept. The state-owned assets law is an adjustment-type substantive law, which is a combination of public and private law, but mainly belongs to public law. The State-owned Assets Law is not an independent legal department. The main body law, object law and acquisition law of state-owned assets should belong to the civil law. The State-owned Assets Management Law should belong to the macro-control law. The State-owned Assets Management Law should mainly belong to the commercial law and the special law of the State- The system should belong to the category of economic law. The law of state-owned assets mainly includes the main body of state-owned assets, the object law of state-owned assets, the acquisition of state-owned assets, the management of state-owned assets and the law of state-owned assets management.