论国有资产的不同性质与制度创设

任何国家都存在着数量不等、规模各异、所有权属于国家的资产,即国有资产。但是,国有资产所承担的社会职能和发挥的功用并不完全相同。法律上之所以将国有资产划分为公产与私产,是因为两类国有资产在取得、占有、使用、处分、管理、保护等方面都有着极大的不同,需要不同的制度安排。我国是国有资产庞大的国家,对国有资产的不同性质进行划分,并对不同性质的国有资产进行相应的立法与制度设定是完善我国国有资产法律制度的迫切需要。

On the Different Characters and System Invention of State-owned Assets

There are different amounts and scales of assets owned by the state in every country,which is called state-owned assets.However,not all kinds of state-owned assets play the same role in society.Legally state-owned assets are classified into public assets and state-owned private assets for their separate characters in the aspects of acquisition,possession,usage,disposition,management,protection,etc.,which need different system arrangements.China has a large amount of state-owned assets therefore differentiating the characters and establishing related legislations and systems between the two types become urgently significant to perfect the state-owned assets' statutes.