论国有股权的基本属性

国有股权是当前企业国有资本的主要存在形式,从根本上讲,国有股权是国家所有权在公司法上的体现,具备"国有"和"股权"的双重特质,权利属性融合了公权与私权的双重特点,应成为经济法权利研究的重要对象。国有股权的基本属性决定了其权利行使需遵循公私混合法的调整机制,以公司法等商法性规范为主要调整规范,同时也要接受来自政府和国资监管机构的行政性管制措施。

On the Basic Attributes of State-owned Shares

The State-owned share is the major form of State-owned capital in enterprises.In essence,State-owned shares represent the State ownership in the company law.The dual attributes of "State-owned" and "shares" has combined features of power and rights,thus becoming the study focus of economic laws.The basic attributes of State-owned shares has determined that exercise of such rights should conform to mixed rules of public laws and private laws,in which commercial laws particularly the company law should act as major norms.In the meanwhile,it should also be subject to administrative regulations from the government and State-owned assets supervision department.