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2009年,当黄光裕锒铛入狱、“国进民退”案例频频上演,政商之间敏感、微妙又极其复杂的关系,再一次引发热议和引起反思。这是一场改革力量与反改革力量之间角力。这场改革中,当地政府是强力推动者,民营企业是参与者,企业内外的既有利益群体形成强大的对抗力量。本文从国有企业改制现存的风险展开,提出防范原则和方法,总结国企改制的相关司法解释,为国企立法指明方向。
In 2009, when Huang Guangyu was jailed, many cases of “state-owned assets withdrawal” staged frequently and sensitive, subtle and extremely complicated business relations between officials and businessmen once again sparked heated debate and sparked introspection. This is a struggle between the forces of reform and anti-reform. In this reform, local governments are strong promoters, private-owned enterprises are participants, and existing interest groups both inside and outside enterprises form powerful antagonistic forces. This paper starts with the existing risks of state-owned enterprises restructuring, puts forward the precautionary principles and methods, summarizes the relevant judicial interpretations of state-owned enterprises restructuring, and provides the direction for the legislation of state-owned enterprises.