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国有经济是全民所有制的实现形式,其实质就是作为具有公法人格的国家参与市场活动的私法主体的具体表现形式,国有经济及其企业主要接受私法调解是社会主义市场经济使然,但不能因此改变其作为具有公法人格的国家的“代位者”这一根本性质,国有经济不论在什么领域,都必须履行公法义务,服务于公共利益及全民福祉。为此,在国有经济框架下应该超越笼统地建立所谓现代企业制度的改革思路,逐步建立健全“公法人”、“特殊法人”及“私法人”制度,以厘清不同领域国有经济的功能及角色。
The essence of state-owned economy is the realization form of ownership by the whole people. The essence of the state-owned economy is that it is the concrete manifestation of the private law subject participating in the market activities of the state with the personality of public law. The state-owned economy and its enterprises mainly accept the mediation of private law as the socialist market economy, As a fundamental “substituator” of a country with a personality of public law, the state-owned economy must fulfill its obligations under the public law and serve the public interest and the well-being of all people in any field. Therefore, within the framework of the state-owned economy, we should go beyond the general idea of establishing a so-called reform of the modern enterprise system and gradually establish a sound system of “public legal persons”, “special legal persons” and “private legal persons” to clarify the differences between the state-owned Economic functions and roles.