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国务院国资委、财政部颁布的《企业国有产权转让管理暂行办法》(国务院国资委、财政部3号令)第四条规定:“企业国有产权转让应当在依法设立的产权交易机构中公开进行”。这就是我们平常所说的“进场交易”。本人认为,“进场交易”不仅是规范企业国有产权转让行为、防止国有资产流失的必要条件,更是前提条件;如果“进场”这点做不到,谈“规范”也只能是一句空话。 但实施一年多来,场外交易的行为却禁而不止,成为摆在我们面前急迫需要解决的问题。 一、建立健全法规完善制度建设 (一)出台《产权交易法》加大法制力度 目前,仅靠国家现行颁布的暂行条例和暂行办法,对国有产权进场交易的约束力显然不够。
Article 4 of the Provisional Measures for the Administration of the Transfer of State-owned Property Rights (State-owned Assets Supervision and Administration Commission of the State Council, Order No.3 of the Ministry of Finance) promulgated by the SASAC and the Ministry of Finance stipulates: “The transfer of the state-owned property rights of an enterprise shall be openly conducted in the property rights exchange institution established in accordance with the law.” This is what we usually refer to as “trading in the market.” In my opinion, “entry trading” is not only a prerequisite for regulating the transfer of state-owned property rights of enterprises, but also a precondition for preventing the loss of state assets. If the “approach to the market” can not be done, it can only be one sentence Empty talk. However, over the past year or more, the practice of over-the-counter transactions has been banned and has become an urgent issue that needs to be resolved before us. I. Establishing and Improving the System of Perfecting Legislation (I) Issuing the Law on Property Rights and Enlarging the Legal System At present, the existing regulations and interim measures promulgated by the state alone are obviously not binding enough on the state-owned property rights and entry transactions.