国有企业法人是谁?这个问题不难在理论,而难在实践。在我所接触到的一些厂长经理当中,每当我向他们提及这个间题时,他们绝大多数都认为法人理所当然地就是他们自己。这种认识不仅存在于成立了企业集团的上下“垂直型”经理层当中,而且也存在于没有成立企业集团的一般“水平型”经理层当中。其实,这是一个误区。因为法人是与自然人相对而言的。法人是指依照法定条件成立、享存民事权利和承担民事责任的组织。企业法人应是企业的组织,如职工代表大会、股东代表大会、董事会、监事会等。它们代表着国家、企业和职工的眼前利益和长远利 Who is the legal person of a state-owned enterprise? This problem is not difficult in theory but difficult to practice. In some of the director managers I came into contact with, whenever I mentioned this issue to them, most of them thought legal persons were themselves. This kind of understanding not only exists in the upper and lower “vertical” managers who have set up enterprise groups, but also exists in the general “horizontal” managers who have not established enterprise groups. Actually, this is a misunderstanding. Because legal persons are relative to natural persons. A legal person is an organization that establishes, holds civil rights, and assumes civil liability in accordance with statutory conditions. An enterprise legal person should be an organization of a company, such as a worker representative meeting, a shareholder representative meeting, a board of directors, a board of supervisors, etc. They represent the immediate interests and long-term benefits of countries, enterprises and employees.