国企公司制改革与创新

公司制的核心是公司法人治理结构，而公司法人治理结构的核心是权力制衡。我们对国有企业进行公司制改革，不能简单地模拟公司法人治理结构，而应讲究权力制衡效果。目前国有企业的问题是：国有股权未能真正落实，经营者的聘任和解聘存在偏差，还存在着“职工一方面作为主人，但另一方面并不是企业所有者”的理论矛盾。笔者认为，应将国有股权落实在职工身上，当然职工的国有股权是一种特殊股权，政府对国有股权的决策有建议权和否决权；经营才者的选择，由职工代表国有股权行使决策权；经营者有权聘任和解聘职工；职工有权参与企业税后利润分配。

The Reform and Innovation of State-owned Enterprises during the Process of Transferring Its Management System into Company Management System

The core of company system is company corporate administery structure, and the core of company corporate administery structure is condition and balance to power. When we reform the state-owned enterprises with company system, we should put our focus on the effect of condition and balance to power, rather than simply imitate the company corporate administery structure, The problems in state-owned enterprises at present are as following: the state-owned share is not truly realized, the deviation in employment and unemployment of administer, to other with the theorical contra diction that on one hand; the staff members are master, but on the other, they aren't the owner of enterprises. In the author's opinion, the state-owned share should be fulfilled in the staffmembers. Of course, the state owned share held by staff is special capital, in dealing with the state-owned share, the government has the suggestion and voting power; while in choosing the administer, the staff perform the decision power representing the state-ownd share; then the administer has the power to employ and unemploy the staff, meanwhile, the staff has the power to participate in profit distribution.