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理顺国有资产经营公司、国有资产管理局、国有企业之间的关系,是关系到“政企分开”的大问题。国有资产经营公司,是受政府国有资产管理部门委托、以价值形式经营国有资产的一种特殊的经济组织,是上联国有资产管理部门,下联国有企业的中介机构。国有资产经营公司与国有资产管理部门的关系是资产受托与委托的民事法律关系,不是下级和上级的行政隶属关系。国有资产管理部门与经营公司双方通过契约方式,来界定各自的权利、责任和义务。经营公司有权在国有
The rationalization of the relationship between state-owned asset management companies, state-owned asset management bureaus, and state-owned enterprises is a major issue related to the separation of government and enterprises. The state-owned asset management company is a special economic organization entrusted by the state-owned asset management department to manage state-owned assets in value form. It is the agency of the state-owned asset management department of Shanglian and the intermediary agency of the state-owned enterprises. The relationship between the state-owned assets management company and the state-owned assets management department is the civil legal relationship between the assets entrusted and entrusted, and it is not the administrative subordination relationship between the lower level and the higher level. Both state-owned asset management agencies and operating companies define their respective rights, responsibilities, and obligations through a contractual approach. The operating company has the right to be state-owned