针对国有财产国营化模式的弊端,法学界提出了所有权归国家,企业享有经营权,即对国家交给已支配的财产进行占有、使用和处分,从而构成国有企业作为法人独立从事商品生产经营的财产权基础。这一理论从旧的法权理论中迈出了决定性的一步。然而,根据这种理论企业并不会变成商品经济主体,不会成为自主经营、自负盈亏的法人。首先,企业不能实现经 In view of the drawbacks of the state-owned property state-owned model, the legal profession proposed that ownership should be vested in the state and the enterprise should enjoy the right to operate, that is, to occupy, use and dispose of the property handed over by the state to the property under its control, thus constituting a state-owned enterprise Property rights basis. This theory takes a decisive step from the old theory of legal rights. However, according to this theory, the enterprise will not become the main body of commodity economy and will not become a self-employed and self-financing legal entity. First, companies can not achieve