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非经营性国有资产的法律制度革新关乎行政事业体制改革的成败。非经营性国有资产存在的问题,本质是财产问题,决定其应由物权法调整。用益物权的本质与功能是确定一国用益物权制度的法理依据,一国的基本财产关系是确定用益物权的内容和种类的必要因素。我国物权法缺乏对非经营性国有资产利用关系的规范,不利于建立完善其监控机制。非经营性国有资产存在归属与利用关系的天然分离,为物权法确认一种新型用益物权——非经营性国有资产使用权,提供了理论依据。
The legal system reform of non-profit state-owned assets is related to the success or failure of the reform of administrative system. The non-operating state-owned assets problems, the essence is the property problem, decided that it should be adjusted by the Property Law. The essence and function of usufructuary right is the legal basis for determining a usufructuary system in a country. The basic property relation of a country is a necessary factor to determine the content and kind of usufructuary right. The lack of standardization of non-operating state-owned assets in China’s Property Law is not conducive to the establishment and improvement of its monitoring mechanism. The natural separation of ownership and utilization of non-operating state-owned assets provides a theoretical basis for the confirmation of a new type of usufructuary right, the right to use non-operating state-owned assets, by the Property Law.