国资委的成立给国有资产所有权找到了真正的行使主体,但是经济学家设计的国资委在法律上却难以找到明确的定位。对此笔者认为必须明确国资委行政机构和国有资产出资人代表两种地位,同时为了避免国资委拥有的公权利与私权利冲突,应将行政职能从国资委中剥离出去,仅保留国有资产出资人代表的身份。 The founding of the SASAC has found the true exercise of the ownership of state-owned assets, but the SASAC designed by economists can hardly find a clear position in law. In this regard, I think we must clear the SASAC administrative agencies and representatives of state-owned assets representative of two positions, at the same time in order to avoid SASAC owned public rights and private rights conflict, should be stripped of administrative functions from the SASAC, retaining only the state-owned assets Identity of the person.