摘要
西方产权理论对产权概念范畴的界定并不完整,仅仅将其界定为法权上的权利束,忽视了不同产权主体之间背后的权力对等关系。这一不清楚的产权概念界定随西方产权理论在20世纪80年代末传入中国后被用于中国国企改革,使得改革中所谓的"产权清晰"成了一个"不清晰"的"清晰"。一些别有用心的人故意将产权混同为所有权,把所有权定义为依法享有的对自己财产进行占有,使用,收益和处分的权利,把产权定义为包括财产占有、使用、收益、处分的一组权力束权利,二者都是权利束,且没有了差别。这样,建立在混乱的产权范畴基础上的所谓"产权清晰"就是将公有制化为私有制,大肆化公为私,给国有企业改革实践带来损失。因此,清晰的产权范畴界定不仅是理论上的需要,也是实践发展的需要。根据马克思产权理论,本文受"马克思定理"的启示,提出一个科学完整的产权范畴,即产权是权利和权力的矛盾统一体,包括法权属性上的权利和经济属性上的权力。
The definition of category of property rights made by the Western theory of property rights is incomplete.The theory only defines property rights as the bundle of rights in legal right, but neglects the power equivalence relations between different owners of property rights. This unclear definition of property rights was used in the reform of state-owned enterprises in China following the introduction of Western theory of property rights into China in the late 1980 s, causing the so-called "property rights clarity"in the reform to become"unclear""clarity". Some people with ulterior motives willfully confused the property rights as ownership by defining the ownership as the right to possess, use, benefit from and dispose their own property according to law and defining property rights as a set of bundles of rights to possess, use, benefit from and dispose property. The two were both bundles of rights and there was no difference. In this way, the so-called"property rights clarity"established based on the chaotic category of property rights turned public ownership into private ownership without restraint,bringing losses to the reform of state-owned enterprises. Therefore, the clear definition of category of property rights is not only necessary theoretically, but also required by practice development. Based on Marxist theory of property rights and the inspiration brought by "Marx's Theorem", this article has proposed a scientific and complete category of property rights, that is, property rights are the contradictory unity of rights and powers and they include the rights in legal rights and the powers in terms of the economic property.
出处
《当代经济研究》
CSSCI
北大核心
2017年第12期5-14,共10页
Contemporary Economic Research
