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企业经营责任制是根据国有企业所有权与经营权相分离的原则设计的一种以实行厂长负责制、强化厂长(经理)的作用,调动经营者及企业职工积极性、改善企业运行机制为特点的企业制度。①它在全国部分城市试点中显示强大的生命力,受到人们的普遍欢迎。笔者认为,企业经营责任制能够博采租赁制、承包制、股份制和资产经营责任制的长处,并将它们融为一个有机整体,是搞活国有企业的一种较好方式,但同时又存在着待完善和值得进一步商讨的地方。本文试就企业经营责任制的性质、企业经营责任合同的主体和内容、企业所有权等法律问题,进行初步的探讨。
Enterprise responsibility system is based on the principle of separation of ownership and management rights of state-owned enterprises designed to implement the director responsibility system, strengthen the role of plant manager (manager), to mobilize the enthusiasm of managers and employees, improve the operating mechanism of the company The enterprise system. ① It shows strong vitality in pilot projects in some cities nationwide and is widely welcomed by people. The author believes that the responsibility system of enterprises can draw on the strengths of the lease system, contract system, joint-stock system and asset management responsibility system and integrate them into an organic whole, which is a better way to invigorate the state-owned enterprises, but at the same time To be perfect and worth further discussion. This article tries to make a tentative discussion on the nature of the enterprise management responsibility system, the subject and content of the contract of enterprise management responsibility, and the ownership of enterprises.