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2014年修订的《公司法》明确了对公司法人治理结构的规定,进一步清晰了国有独资公司董事会、监事会和经营层的权责关系;同时各地方政府出台的国有资产监督管理条例中也明确要求国家出资企业应该依法建立和完善法人治理结构。但是实际上随着政企脱钩、事企脱钩、各国资监管平台的成立整合,一些新转企改制的国有企业、事业单位在公司制改造过程中往往面临着法人治理结构方面的诸多困惑。2015年8月24日,中共中央国务院印发了指导和
The Company Law amended in 2014 clearly stipulates the corporate governance structure of the Company and further clarifies the relationship between the powers and responsibilities of the board of directors, the board of supervisors and the management of the wholly state-owned company. Meanwhile, the regulations on supervision and administration of state-owned assets promulgated by various local governments also explicitly require The state-funded enterprises should establish and improve the corporate governance structure according to law. However, in fact, with the decoupling of government from business and the separation of business from business, the establishment and integration of the regulatory platforms for various countries’ capital has become more and more confused. Some state-owned enterprises and institutions undertaking the restructuring of new enterprises are often confronted with many puzzles in the corporate governance structure. On August 24, 2015, the CPC Central Committee and State Council issued guidance and guidance