在法人治理结构健全的国有企业,董事会与经理层的相互制衡非常重要近几年在给国企设计法人治理机制特别是制订公司章程时,常常遇到一个不大不小、不新不旧的难题,即谁当“法定代表人”的问题。2006年以前,这本不是问题,因为《公司法》早有规定,董事长为当然的法定代 It is very important that the checks and balances between the board of directors and the managers are very important in the state-owned enterprises with a sound corporate governance structure. In recent years, when designing corporate governance mechanisms for state-owned enterprises, especially the formulation of the articles of association, they often encounter a difficult problem , Who is the “legal representative” problem. Before 2006, this was not a problem because the “Company Law” has long been stipulated that the chairman of the board of law