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为达到“政企分离”、“政资分离”的目的,世界各国普遍采用国有控股公司的形式来管理国有企业和国有资产。作为世界上国有资产最多的国家,我国在完成国有企业公司化的过程中,也相应地采取了构建国有资本出资人的方式,以提高国有企业经营效率、防止国有资产流失。于是国有股权逐渐成为国有资本存在的主要形态。然而随着国有股权制度的深入发展,制度中许多不完备的方面日益突出,尤其值得研究的是国有股权行使主体的缺位、错位问题。
In order to achieve the goal of “separation of government from enterprise and enterprise” and “separation of government from investment,” various countries in the world generally adopt the form of state-owned holding companies to manage state-owned enterprises and state-owned assets. As the most state-owned country in the world, in the process of corporatization of state-owned enterprises, our country also adopted the way to construct state-owned capital contributors accordingly to improve the operating efficiency of state-owned enterprises and prevent the loss of state-owned assets. So state-owned equity gradually became the main form of state-owned capital. However, with the deepening development of state-owned equity system, many imperfect aspects of the system have become increasingly prominent. In particular, it is worth to study the absence and misplacing of the subject of state-owned equity.