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界定所有权和使用权及交易中公权和私权的界限,是民法典的根本任务之一,公有制问题无法回避。然而“公地悲剧”现象导致了对公有制的质疑。改善公有制需进一步界定土地经营权和所有权的分离、成果分配中产权和劳动所占的比例、国企高管人事权、公司治理体制安排的制度制衡。历史告知,未来我国在所有权制度中需增加和普遍推行兼融私有和公有活力而同时可以避其害的“员工持股混合所有制”;在征收外增加市场化公益优先购买权;在继承法中以巨额遗产税避免贫富悬殊无限积累,确立公有和私有两者在市场中的制度合理配置。在立法上确立保障共同富裕、分配公平、国企活力和预防贪腐的制度基础。
It is one of the fundamental tasks of the Civil Code to define the boundaries between the ownership and the right to use and the public and private rights in the transaction. The issue of public ownership can not be avoided. However, the tragedy of the commons led to the question of public ownership. The improvement of public ownership needs further defining the separation of land management rights and ownership, the share of property rights and labor in the distribution of achievements, the system checks and balances of the executive power of state-owned enterprises and the institutional arrangements of corporate governance. History tells us that in the future, our country needs to increase and universally implement the “mixed-ownership system of employee stock ownership”, which incorporates both private and public vitality while avoiding the detriment of the ownership system. In the succession of inheritance Law with a huge estate tax to avoid the unlimited accumulation of wealth disparity, the establishment of public and private ownership of the market in the system of rational allocation. Legislatively establish the institutional basis for safeguarding common prosperity, fair distribution, vitality of state-owned enterprises and preventing corruption.