关键词: 总出资人权,企业国有资产,《企业国有资产法》,出资人权益

Abstract: The state-owned assets of enterprises are the rights and interests formed by the various investments from the state to the enterprises, which is not the object of proprietary rights. The Law of the People's Republic of China on the State-Owned Assets of Enterprises is not the special law of property law. It is not proper that the article 3 of the Law on the State-owned Assets of Enterprises stipulates that “the State Council, on behalf of the state, exercise the ownership of state-owned assets”. It should be amended to be that “The state-owned assets shall be owned by the state, i.e. owned by the whole people. The State Council, on behalf of the state, exercises the rights as the general contributor of state-owned assets.” .The rights of the general contributor are the legal expression?of the State’s unified possession, which is performed by the State Council. The content includes four aspects: the right of deciding and changing the representation of the contributor, the right of transferring state-owned assets, the right of making rules about the rights and interests of the contributors, and the right of supervising the behavior of local government who acts as the contributor.

Key words: the rights of the general contributor; state-owned assets of enterprises; The Law of the People's Republic of China on the State-Owned Assets of Enterprises; investor’s rights and interests