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西方股份公司在股权分散的条件下,股东与公司财产是分离的;股东虽然掌握着股权,但他们已没有权力与公司财产发生直接联系;公司财产属于公司所有,公司拥有法人所有权,支配着公司财产。那么,这种现象对于我们在社会主义国有经济中建立法人制度有什么启迪呢?有的同志认为:为了使国有企业真正能够自负盈亏,就必须使企业拥有法人所有权,也就是实行国家最终所有权与企业法人所有权的分离;国家的最终所有权类似于西方股份公司中股东掌握的股权,股权虽然也是所有权
Under the conditions of dispersed ownership, Western stock companies have separate shareholders and corporate assets. Although shareholders hold equity, they have no right to direct contact with the company’s assets. The company’s property belongs to the company. The company has legal ownership and controls the company. property. So, what kind of enlightenment does this phenomenon have for us to establish a legal person system in the socialist state-owned economy? Some comrades believe that in order for the state-owned enterprises to be truly able to self-financing, they must have corporate ownership, that is, the ultimate ownership of the state. Separation of ownership of enterprise legal persons; the country’s ultimate ownership is similar to that held by shareholders in Western joint-stock companies. Equity is also ownership.