我国《公司法》第4条规定“公司享有由股东投资形成的全部法人财产权”,但同时规定“公司中的国有资产所有权属于国家”。这一立法似乎给人这样一种感觉:一方面,立法不论投资主体性质如何,其一旦向公司投资,财产就成为有机一体——公司的法人财产,归属公司所有,作为其对外从事生产经营活动和承担民事责任的基础;另一方面,在公司中,还必须寻找国有资产,以明确其 Article 4 of the Company Law of the People’s Republic of China stipulates that “the Company enjoys all the legal person’s property rights formed by the shareholders’ investment”, while at the same time stipulating that “the ownership of state-owned assets in the company belongs to the state”. This legislation seems to give the impression that on the one hand, regardless of the nature of the investment body, legislation, once it is invested in the company, the property becomes an organic whole - the legal person’s property of the company, owned by the company, as its foreign business activities And bear the basis of civil liability; the other hand, in the company, but also must find state-owned assets, to clarify its