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| 文章编号：1672-3104(2004)06-0716-07 |
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国有股权的信托行使 |
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丁国民,漆丹 |
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（中南大学法学院,湖南长沙, 410083） |
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| 摘 要： 股份制改造是我国国企改革的方向。由于国有控股公司等国有资产运营机构仍然不是真正意义上的私法利益主体,导致改造后的股份公司的国有股权现行行使方式缺乏内在的利益驱动,也无法完全摆脱行政权力的制约;并且由于在股份制改造的过程中过于强调国有股的控股地位,吸收非国有资本受到我国当前资本市场发育程度的限制,国有股“一股独大”等问题长期困挠着我国的国有公司。通过适当构造,国有股权的信托行使可以克服现有行使方式的弊端,可以为我国以至于其他国家的国企改革提供新的思路和方法。 |
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| 关键词： 国有股权;信托;受托人;信托财产 |
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The trust exertion of state-owned stock right |
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DING Guo-min, QI Dan |
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（School of Law, Central South University, Changsha 410083, China） |
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| Abstract: Joint-stock system is the orientation of state-owned enterprises innovation. The exertion of stock right of innovated joint-stock enterprises still lacks profit spur and cannot avoid the restriction of administration power entirely because state-owned propertymanagement institutions, such as state-owned holding companies, are still notthe beneficiaryof private law indeed. And because the holding stock status of state-owned stockswas emphasized excessively in the process of reconstruction as well as the restriction of absorbing non-state-owned capital which comes fromthe development of capital market, state-owned companies suffer many problems, such as state-owned stocks have too huge share for a long time. We can use trusts of state-owned stock righttogetovertheweakness of currentway, and maybe it can provide a newway for the innovation of state-owned companies in our country, and in those of other countries as well. |
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Key words: state-owned stock right; trusts; trustee; trust property |
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