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《企业国有产权转让管理暂行办法》要求企业固有产权转让应当在依法设立的产权交易机构公开进行,不受地区、行业、出资或者隶属关系的限制,并明确了企业国有产权转让可采取的方式:拍卖、招投标、协议转让。有读者认为采用拍卖方式转让国有产权意即《企业国有产权转让管理暂行办法》要求的公开转让国有产权,殊不知两者之间有着本质的区别,现笔者就此问题浅析之:一.拍卖与公开转让国有产权的区别(一)定义不同1.拍卖:根据《拍卖法》,拍卖是指以公开竞价的形式,将特定物品或者财产权利转让给最高应价
The Interim Measures for the Administration of the Transfer of State-owned Property Rights of Enterprises requires that the transfer of the enterprise’s inherent property rights should be conducted in public by the property rights exchange institutions established according to law without being restricted by the region, industry, investment or affiliation and specifying the ways in which the transfer of state-owned property rights can take: Auction, bidding, transfer of agreement Some readers think that the transfer of state-owned property by means of auction means “public transfer of state-owned property right transfer of state-owned property management requirements,” the public transfer of state-owned property, not knowing there is an essential difference between the two, now the author on this issue: A. auction and open The difference between the transfer of state-owned property rights (A) the definition of different 1. Auction: According to “Auction Law”, auction refers to the form of an open auction, the specific items or property rights transferred to the highest bidder