国有企业改制利益冲突与法律规制
发布时间：2018-11-07 10:34
【摘要】：国有企业改制是涉及出让人、受让人、债权人、企业职工等多方主体的利益关系的系统工程,这些主体间存在着一系列的利益冲突。利益冲突是由于体制的转换与改制中的不规范行为造成的;利益冲突的实质是公平与效率之间的冲突。解决利益冲突就是要在公平与效率之间找到平衡点。解决的具体方法是以法律的方法对国有企业改制行为加以规制。对企业改制进行法律规制主要从程序和实体两方面进行:首先要设计改制所必经的程序,包括国有资产界定与评估、政府部门的审批、职工代表大会的讨论及取得债权人的支持等;在实体上要以具体的规则切实保护各方主体的利益,达到主体间利益的平衡。
[Abstract]:The reform of the state-owned enterprises is a systematic engineering involving the interests of the transferee, the creditors, the employees of the enterprise and so on. There are a series of conflicts of interest among these subjects. The conflict of interest is caused by the system transformation and the irregular behavior in the reform, and the essence of the conflict of interest is the conflict between fairness and efficiency. To resolve conflicts of interest is to find a balance between fairness and efficiency. The concrete way to solve this problem is to regulate the reform of state-owned enterprises by law. The legal regulation of enterprise reform is mainly carried out from the two aspects of procedure and entity: first of all, we should design the necessary procedures for the reform, including the definition and evaluation of state-owned assets, the examination and approval of government departments, The discussion of the workers' Congress and the support of the creditors; In the entity, the interests of all parties should be protected by specific rules to achieve the balance between the interests of the main body.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D912.29
[Abstract]:The reform of the state-owned enterprises is a systematic engineering involving the interests of the transferee, the creditors, the employees of the enterprise and so on. There are a series of conflicts of interest among these subjects. The conflict of interest is caused by the system transformation and the irregular behavior in the reform, and the essence of the conflict of interest is the conflict between fairness and efficiency. To resolve conflicts of interest is to find a balance between fairness and efficiency. The concrete way to solve this problem is to regulate the reform of state-owned enterprises by law. The legal regulation of enterprise reform is mainly carried out from the two aspects of procedure and entity: first of all, we should design the necessary procedures for the reform, including the definition and evaluation of state-owned assets, the examination and approval of government departments, The discussion of the workers' Congress and the support of the creditors; In the entity, the interests of all parties should be protected by specific rules to achieve the balance between the interests of the main body.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D912.29
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