国有产权代表选任：界定、逻辑与路径

在国有出资管理体制下，选任产权代表是国家或国有企业作为国有资产出资人行使选择管理者权利的具体体现。然而，检视现有国有产权代表选任制度可知，国有产权代表的法律界定模糊、委派范围不明、选任主体混乱、选任标准缺失，导致国有产权代表的实际运作与设立目标出现偏差，对国有企业的经营效果产生不利影响。因此，应对国有产权代表的内涵与外延作出准确界定，以“有国有资本必有产权代表”原则明确委派范围，确立国家和国企两个选任主体，并在区分定位下重构其选任标准：既按照国家选任与国企选任，也按照公益类国企和商业类国企，来确定国有产权代表的选任标准。

Selection of Representatives of State-owned Property Right: Definition,Logic and Path

In the management system of state-owned assets, the selection of representatives of thestate-ownedpropertyright is a concrete manifestation of the right of state or state-owned enterprises which choose managers as the investors of state-owned assets. However, examining the existing selection system of the representatives of the state-ownedpropertyright, the defects are found, such as the legal definition being fuzzy, assigned scope being unknown ,selected subjects being confused, and the selection standard being absent. These defects lead to the deviation between the actual operation and goals set by there presentatives of the state-ownedpropertyright, and it is harmful to the operation effect of the state-owned enterprises. Therefore, the connotation and denotation of the representatives of the state-ownedpropertyright should be accurately defined, and the assigned scope should be clear under the principle of “all state-owned assets should be represented”. Two selected subjects of the state and state-owned enterprises should be established, and the selected standard should be reconstructed by discriminating the nature of the representatives of the state-ownedpropertyright: in accordance with both the selection regulation of the state and state-owned enterprises, and that of the public welfare state-owned enterprises and commercial state-owned enterprises.