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股权性质问题,因其关系到国有企业实行公司制后国家作为出资者(股东)的财产地位的界定,而备受理论界的重视。可以说,从我国经济体制改革中出现股份制企业的那一天开始,股权性质问题就已成为理论界的焦点问题之一。随着我国《公司法》的颁行,公司制的推行,它再次成为热点问题。毫无疑问,关于股权性质问题的学术论争,对于加深我们对股东财产地位的认识,有积极的意义。但是,我们也应当看到,理论界关于股权性质的研究,明显地存在着误区。这些理论上的误区又障碍着我们对股权问题的正确认识。走出这些误区,有利于我们揭示股权的“庐山面
The issue of the nature of the stock rights has attracted the attention of theorists for its definition of the property status of the state as a contributor (shareholder) after the state-owned enterprises practice the corporate system. It can be said that from the day when the joint-stock enterprises appeared in the economic system reform of our country, the issue of the nature of the stock rights has become one of the focal issues in the theoretical circle. With the promulgation of the ”Company Law“ and the implementation of the company system in our country, it has once again become a hot issue. There is no doubt that the academic debate on the nature of the share ownership is of positive significance for deepening our understanding of the shareholder property. However, we should also see that there is a clear misunderstanding about the nature of equity research in theorists. These theoretical errors also hinder our correct understanding of the equity issue. Out of these errors, help us to reveal the equity of ”Lushan surface