目前,在对待企业转制问题上,有人主张从企业内部入手,通过改革企业内部管理体制,促进企业从内搞活,提高整体效益。从理论上讲,这种观点不无道理。但从实际来看,这种观点具有一定的局限性。首先,经营自主权并不在企业手中,现在问题的关键,不是企业产权不明晰,而在于企业根本无产权,国有企业产权属国家,集体企业产权在部门。其次,“法人代表”和“企业法人”相等同。通常的做法是法人代表由行政和部门委派,这实际上是剥夺了企业作为法人自由选择法人代表的权利。这样,企业盈亏,对法人代表并无多大利害关系,摘不好可以换,只不过异地、异厂而已。第三,如果单纯从企业内 At present, when it comes to the transformation of enterprises, some people advocate starting from inside the company, and through reforming the internal management system of enterprises, promoting the invigoration of enterprises from within, and improving the overall efficiency. In theory, this view is not without reason. However, from a practical point of view, this view has certain limitations. First of all, business autonomy is not in the hands of enterprises. The key to the problem is not that the property rights of the enterprises are not clear, but that the enterprises have no property rights at all; the ownership of the state-owned enterprises belongs to the country; the property rights of the collective enterprises are in the departments. Second, “legal representative” and “corporate legal person” are equal. The usual practice is that the legal representative is appointed by the administration and the department, which in effect deprives the company of the right to freely choose a legal representative as a legal person. In this way, corporate profits and losses do not have much interest in legal representative. Third, if only from inside the company