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目前,许多全民企业的效益滑坡未能得到有效制止,而大中型企业又面临着来自社会和其内部的重重困挠,活力不足。其中原因固然很多,笔者以为,其中很重要的一点是,国家所有权与企业经营权的关系没有真正理顺;企业承包经营权未能得到真正落实。笔者试就此作一探讨。一、法律条文中的承包合同内容与企业经营权《全民所有制工业企业承包经营责任制暂行条俐》[以下简称《承包条例》]第2条规定“承包经营责任制……按照所有权与经营权分离的原则,以承包经营合同形式确定国家与企业的责权利关系”。第4
At present, the efficiency slide of many universal enterprises has not been effectively stopped. However, large and medium-sized enterprises are also facing numerous difficulties and vitality from the society and their internal affairs. There are many reasons for this. The author believes that one of the most important points is that the relationship between state ownership and the right to operate the enterprise has not really been straightened out. The contracting right of the enterprise has not been fully implemented. I try to make a discussion on this. I. Contents of Contractual Contract and the Right to Operate an Enterprise in the Law Provisional Regulations on the Contractual Responsibility System for Industrial Enterprises under the Ownership System [Article 2 of the “Contract Regulations”] stipulates that “the contractual management responsibility system ... shall be subject to the ownership and management rights Separation principle, to contract management contract to determine the form of responsibility of the state and business relationship. ” Fourth