论文部分内容阅读
公司中经国有股权支持当选的董事及监事,对国资委(国家)负有公法上特定的国资经营与监督职责,同时对公司负有私法上的忠实与勤勉义务,其考评当分别从公私法上区别构建。当前的制度设计混淆了公私法上考评的界限,难以对其实施科学公正的考评并为其激励提供客观依据。为此,需区分国资委对其履行公务职责的考评和公司对其履行董监事职责的考评,并注重公私法上考评机制的协调构建,以达成国家目标与公司目标的统一,实现考评机制应有的功能。
The directors and supervisors supported by the state-owned equity in the company have the responsibility of SASAC (state) to run and supervise the specific state-owned assets in the public law. At the same time, they have the loyalty and diligence obligation to the company on private law. On the difference to build. The current system design confused the boundaries of public and private law evaluation, it is difficult to implement its scientific and fair evaluation and provide an objective basis for its incentives. To this end, it is necessary to distinguish between SASAC’s assessment of its performance of official duties and the evaluation of the company’s performance of its duties as director and supervisor, as well as the coordination and establishment of evaluation mechanisms based on public and private law so as to achieve the unification of national goals and corporate goals and to achieve the evaluation mechanism Some function.