关于企业国有资产界定的法学思考

《关于企业国有资产界定的法学思考》由会员上传分享，免费在线阅读，更多相关内容在学术论文-天天文库。

1、《关于企业国有资产界定的法学思考》中图分类号：密级：UDC：本校编号：10652硕士学位论文论文题目：关于企业国有资产界定的法学思考研究生姓名：曾凌云学号：20100301050488校内指导教师姓名：民商法学院李燕职称：教授校外指导教师姓名：职务职称：申请学位等级：硕士学科：民商法专业：商法论文提交日期：2013年3月10日论文答辩日期：2013年5月1西南政法大学硕士学位论文目录关于企业国有资产界定的法学思考·························································4中文摘要···

2、························································································4ABSTRACT·······················································································5引言······················································································

3、···········7一、企业国有资产界定存在的问题·························································8（一）概念问题············································································81、在基本概念未界定的情形下，直接将延伸概念写入法律。············82、法律法规中概念与相邻概念混用，内涵和外延模糊不清。············83、仅在现阶段和部门法中使用，未考虑法学概念的特

4、殊性。············9（二）制度问题············································································91、国家所有权理论与市场化经济的不适应····································92、国有产权制度与民法基本原理的不适应··································103、国有企业制度与现代化公司制度不适应··································11（三）实践问题

5、··········································································121、企业资产是否属于国有的问题··············································122、国资委和企业管理分权的问题··············································133、企业国有资产分级所有的问题··············································14二、外国国有资产

6、理论研究的概况和相关法律规定··································15（一）美国················································································15（二）俄罗斯·············································································17（三）日本··············································

7、··································19（四）德国················································································22三、国外法学理论和实践对解决我国企业国有资产理论和实践问题的启示····23（一）关于企业国有资产的概念问题···············································231、关于国有资产的概念····································

8、······················232、我国国有资产的分类······················································