国家出资人代表监督机制研究

摘要

公司中经国资委委派或推选的董事及监事，负有国资管理法上特定的国资经营监督职责，实质为国资委代表国家委派的公务代表，具有公私法上双重法律定位。由此，对其监督也当突破现行以公司法为主导的监督模式，将相应的公法性监督机制纳入其监督体系，并注重其公私法上监督机制的协调构建，以实现对其全方位且有效的监督。%The directors and supervisors commissioned or elected by State-owned Assets Supervision &Administration Commission (SASAC) in enterprises are state representatives commissioned by SASAC which is authorized by state. There are dual position of directors and supervisors, who take the responsibility of supervising some special state- property running which is authorized by state owned property administration law. Thus, the supervision systems on them should include some public supervising institution instead of relying on the Company Act. Besides, we should put more energy on erecting a coordinating system of public and civil law on the supervision, in order to achieve the goal of comprehensive and effective supervision.