论文部分内容阅读
十六大决定设立国有资产管理委员会(简称国资委)的初衷是解决国有资产所有者虚位的问题。《企业国有资产监督管理暂行条例》规定:根据国务院授权,国资委享有国有资产出资人的权利,并依法监督管理国有资产。本文通过对国资委现行定位的缺陷评析,从宪法学国有资产属于全体人民和民法学信托制度角度评析了国资委的法律定位。
The original intention of the 16th National Congress of the State Council in setting the decision of the State-owned Assets Supervision and Administration Commission (SASAC) was to solve the problem of the emptiness of owners of state-owned assets. The Provisional Regulations on the Supervision and Administration of State-owned Assets of Enterprises stipulate that under the authorization of the State Council, SASAC shall enjoy the rights of state-owned asset investors and supervise and administer state-owned assets according to law. This paper analyzes the defects of SAC’s current position and analyzes the legal orientation of SASAC from the perspective of the constitutional state-owned assets belonging to the people and the civil law trust system.