On State-Owned Property Right and Legal Person Property Right in State-Owned Enterprises

The orientation of the reform of the state_owned enterprises is to build up the modern enterprise system.The difficult points which the state_owned enterprises meet during the process of their reform concentrate on the relationship between the state and the enterprises as well as their respective legal nature of property right.This paper starts with investigations of ownership structure and its history,analyses the legal nature of the state_owned property right and legal property right and their independent and interdependent property right relations.It explicates that the theory of the separation of enterprises' ownership and operation is the foundation stone for establishing the modern enterprises system,and supplies the link of socialist economy with public ownership and market economy with legal basis.The demarcation of the enterprises legal person property right makes the state_owned enterprises the principal part of the market in the proper sense.Henceforth,the main body of the state_owned assets property right will not be existing in name only,and the form of exercising property right by the state could bring about a radical shift.