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随着新的国资监管机制的建立,国资监管机构与国有独资公司董事会的关系问题由于目前缺乏明确的规定而日渐凸出。本文指出两者的关系实质上是寻求一种权利平衡,核心是职权配置以及确保各方正确行使职权的保障机制。
With the establishment of a new supervisory mechanism for state-owned assets, the question of the relationship between the supervisory institutions for state-owned assets and the board of directors of wholly state-owned companies has become increasingly prominent due to the current lack of clear rules. This paper points out that the relationship between the two is essentially to seek a balance of rights, the core of which is the safeguard of the allocation of powers and the right of all parties to exercise their powers.