宪法价值影响下的国有资产监管原则

宪法的价值能够影响到国有资产监管的原则、目标以及具体的法律和制度。国有资产监管要遵循法治原则,依法而为、有法必依,并防范人治思维。有限政府和权力制约原则是控制政府过度千预、促进企业自主经营的重要保障,也是降低代理成本的重要依赖。民主是国有资产监管的合法性来源之一,也是监管的重要方法。国有财产和私有财产在宪法上的地位未必是平等的,但在市场经济体制下,国有企业也应当是平等的市场主体,并接受市场竞争。

On State-owned Assets Supervision Principles Under the Influence of Constitution Value

The constitution value can affect the state-owned assets supervision principles, objectives and specif- ic law and system. The state-owned assets supervision should abide by the principle of the rule of law, in ac- cordance with law, abide by laws, and guard against man thinking. Limited government and the principle of power restriction are important factors to control excessive government intervention, promote enterprise autono- my in operation of important protection and reduce agency cost. Democracy is one of the legitimacy sources of the state-owned assets supervision, and it is also one of the important supervision methods. State-owned proper- ty and private property do not necessarily have equal constitution status, but in the system of market economy, state-owned enterprises should also be a main body as equal, and accept the competition in the market.