国有公司数目多、国有资产比严重是我国的特别国情。有用的国有公司管理必需树立在一个坚实的基本之上,这个基本就是国有出资人轨制。国有出资人轨制是个很庞杂的成绩,本文从企业管理构造的视角动身,研究国有出资人轨制和该轨制与企业管理构造的关系。笔者拔取中国、法国作为样本,在比拟中、法两国国有出资人轨制的差异和该轨制与企业管理构造关系的基本之上,以期终究为完美我国国有出资人轨制提出对策。本文第一章为绪论,简略引见了国有出资人成绩的发生和选择法国为比拟样本的缘由。本文第二章侧重论述中国国有出资人轨制的成绩,包含国有资产治理拜托署理实际、国有资产治理拜托署理在实际中的窘境和国有出资人轨制对国有公司管理构造的作用。本文第三章是对中国国有出资人轨制的司法剖析。起首引见了实行出资人本能机能应遵守的根本准绳、实行出资人职责机构国资委的司法定位及本能机能。在剖析国有出资人与董事会、监事会、高管的关系的基本上,文章总结了中国国有出资人轨制对国有公司管理构造的作用。本文第四章是对法国国有出资人轨制的司法剖析。起首引见了作用法国出资人轨制特别的政治传统、国有化与公有化政策等外乡化身分。在剖析国有出资人轨制司法准绳、实行出资人本能机能机构的基本上,文章接着剖析法国国有出资人与其他企业机构的关系,并总结出国有出资人轨制对国有公司管理构造的作用。本文第五章是对中、法国有出资人轨制的比拟研究。在评论辩论国资委性质之争和比拟国有出资人机构的出资人本能机能、国有出资人与企业其他组织机构的关系的基本之上,文章提出对“清洁”出资人定位、“清洁”出资人的职责、出资人与企业其他组织机构的关系调和的思虑。 Abstract: The special situation of our country is the large number of state-owned enterprises and the serious state assets. The effective management of state-owned enterprises must be set up on a solid base, which is basically the system of state-owned capital contribution. The system of state-owned capital contribution is a very complex achievement, this paper from the perspective of corporate governance structure, the study of the relationship between the state-owned investment system and the system and the company management structure. I choose China and France as the sample, in comparison, France the state-owned contributor rail of the similarities and differences and the rail system and corporate governance structure relationship basis, in order to eventually to perfect our country state-owned investors rail system and puts forward some countermeasures. The first chapter is the introduction, which briefly introduces the origin of the achievements of the state-owned investors and the reason why the French are the sample. In the second chapter of this paper focuses on performance of Chinese state investors rail system, involved in the governance of state-owned assets entrust acting practice, state-owned asset to manage entrust acting in the actual dilemma and the state-owned contributor rail system of state-owned enterprise management structure influence. The third chapter of this paper is the judicial analysis of the system of China's state-owned investors. First introduced the basic principles of the implementation of the capital contribution of human instinct, the implementation of the responsibility of the person responsible for the state owned assets supervision and administration of the judiciary and the nature of the function. On the basis of analyzing the relationship between state-owned investors and board of directors, board of supervisors and senior managers, this paper summarizes the influence of China's state-owned investment system on the management structure of state-owned enterprises. The fourth chapter of this paper is the judicial analysis of the system of the French state-owned investors. First introduced the influence of French investor system special political tradition, nationalization and privatization policies abroad incarnation points. In the analysis of state investors rail judicial principle, implementation of investment people instinctively function mechanism basically, then this paper analyzes the relationship between the French state shareholder and other corporate organizations, and summarize the state-owned investment effect of rail system to the management structure of state-owned enterprises. The fifth chapter of this paper is a comparative study of the system of capital contribution in China and France. The relationship between state-owned capital organization investor instinct function, state-owned capital and the company of other organizations basis, the article puts forward positioning investment to "clean", "clean" contributive person duty, investment and company other organizations of the relationship is harmonious thinking in comment debate of the state owned assets supervision and Administration Commission of the nature of conflicts and and comparing the against. 目录: |