国有企业法人治理难题:谁来"监督监督者"

我国国有企业建立现代企业制度的改革初见成效，但国有企业的“代理问题”并未根本解决。由于国有企业存在“多重代理”关系，导致国有企业“监督监督者”的机制难以建立。在分析一般企业制度中“监督者”和“监督者的监督者”机制的基础上，论证了国有企业在这方面的难题。国有企业不能照搬西方的企业制度，建立形式上的法人治理结构，而应在完善其他相关制度的前提下，对现有国有企业分类管理，将其在量上减少到必要的限度；治理机制上借鉴德、日经验，构造适合中国国情的“民主管理”机制，让劳动者介入企业的监督管理，成为“监督者的监督者”之一。

Corporation Governance Mechanism in State -owned Enterprises: Who can Supervise the Supervisor

Some progresses have been made in state-owned enterprises through establishing the modern system of firms,but the agency-problem is far from being solved yet.The reason is that,decided by the nature of the state-owned enterprises,the mechanism of supervising the supervisors is difficult to build up,as well as the problem of separating the government from the firms.After finishing the analysis of the supervisors and the supervisor of the supervisors in general firm system,this paper proves that there is a problem in state-owned enterprises.So,in state-owned enterprises,we can not just copy western firm system to set up a corporate governance mechanism formally.The state-owned enterprises should be limited to its amount as little as possible,classified and governed separately on the condition that the correlative institutions have been perfected.The corporate governance mechanism of Japan and Germany should be used for reference and set up a democratic management system adapt to the situation of China,letting workers join in managing the firms and be members of the supervisors who supervise the operators and managers.