论文部分内容阅读
针对企业国有产权向管理层转让出现的种种弊端,国有资产管理部门主要设置了三种法律管制措施——交易对象管制、交易方法管制和交易程序管制。实际上,企业国有产权向管理层转让的弊端主要来自于管理层与国有产权人、其他产权竞买人之间的信息不对称。因此,法律管制也主要应当以防范管理层利用信息不对称谋取自身利益为限度。由于企业国有产权交易程序的管制措施已经足以防范上述弊端,法律管制也应当主要以交易程序管制为限度。
In response to the drawbacks of the state-owned property right transfer to the management, the state-owned asset management department mainly set three kinds of legal control measures: object control, transaction method control and trading procedure control. In fact, the drawbacks of transferring state-owned property right to management mainly come from information asymmetry between management and state-owned property owners and other property rights bidders. Therefore, the legal control should also be mainly to prevent management to use information asymmetry to seek their own interests as the limit. Since the control measures of state-owned property right transaction procedures of enterprises are enough to prevent the above drawbacks, legal control should also be mainly controlled by the transaction procedure.