论文部分内容阅读
2008年10月28日,《中华人民共和国企业国有资产法》(以下简称《企业国有资产法》)经第十一届全国人民代表大会常务委员会第五次会议讨论通过,将于2009年5月1日起正式施行。由于工作的关系,笔者一直以来就十分关注《企业国有资产法》的起草和论证工作。2008年1月,以湖南省国资委名义对《企业国有资产法》(当时名称为《国有资产法》)全国人大常委第一次审议稿提出了修改意见。2008年3月,以全国人大代表的身份向十一届全国人大一次会议提交了《关于尽快制定出台〈国有资产法〉的议案》,6月又参加了全国人大常委对《企业国有资产法》的审议。在《企业国有资产法》征求意见和审议过程中,笔者在遵循十六大以来确立的国有资产管理体制改革方向,按照政企分开、政资分开原则,在国有资产监管体制和机构等五个方面提出了自己的意见和建议。总体来讲,《企业国有资产法》对于有效管理国有资产、促进国有企业发展壮大和国有资产保值增值、强化国有经济控制力和带动力有着十分重要的意义。但结合工作实际,笔者认为应当对《企业国有资产法》进行更深层次的思考。
On October 28, 2008, the Law of the People’s Republic of China on State-owned Assets of Enterprises (hereinafter referred to as the “Law on State-owned Assets of Enterprises”) was discussed and approved at the 5th meeting of the Standing Committee of the 11th NPC and will be held in May 2009 On the 1st officially implemented. Due to the work relationship, the author has always been very concerned about the drafting and demonstration work of the Law on State-owned Assets of Enterprises. In January 2008, proposed amendments to the first draft of the Standing Committee of the National People’s Congress of the “State-owned Assets Enterprise Law” (then “State-owned Assets Law”) in the name of the Hunan Provincial SASAC. In March 2008, as a NPC deputy, he submitted a “Resolution on Formulating and Issuing the State-owned Assets Law as soon as possible” to the first session of the 11th NPC. In June, the NPC Standing Committee also took part in the NPC Standing Committee’s proposal on the “State-owned Assets Enterprise Law” Review. In the process of soliciting comments and deliberations on the “Law on State-owned Assets of Enterprises”, in accordance with the direction of the reform of state-owned assets management system established since the 16th CPC National Congress, in accordance with the principle of separation of government from enterprise and separation of government from capital, Aspects put forward their own opinions and suggestions. Generally speaking, the “Law on State-owned Assets of Enterprises” is of great significance to the effective management of State-owned assets, the development of state-owned enterprises, the preservation and appreciation of state-owned assets, and the enhancement of the control and driving force of the state-owned economy. However, with the actual work, I believe that the “State-owned Assets Act” should be carried out a deeper level of thinking.