公共企业的发展关系着国家经济的命脉和民生利益的保障,是公共利益维护和社会可持续发展的要求。党的十八届三中全会关于深化国资国企改革、加大国有资本对公益性企业投入的要求为公共企业法律制度的构建提供了政策基础。当前,我国部分公共企业在带来成效的同时也伴随着监督机制有效性的缺失,造成效率低下、国有资产流失、公共利益被吞噬等一系列严重的社会问题。日本公共企业在民营化改革之前存在的问题与我国国有 The development of public enterprises has a bearing on the lifeblood of the national economy and the guarantee of people’s livelihood benefits, and is the requirement of safeguarding public interest and sustainable social development. The requirements of the Third Plenary Session of the 18th CPC Central Committee on deepening the reform of state-owned assets and state-owned enterprises and increasing the contribution of state-owned capital to public-benefit enterprises provide the policy basis for the establishment of the legal system of public enterprises. At present, some public enterprises in our country bring about the effectiveness as well as the lack of effectiveness of the supervisory mechanism, resulting in a series of serious social problems such as inefficiency, loss of state-owned assets and the swallowing of the public interest. Problems Existing in Japanese Public Enterprises before Privatization Reform and China ’s State - owned Enterprises