一、什么是法人财产权

1、 What is legal person property rights

关于法人财产权的性质，我国法学界众说纷纭，莫衷一是，且对于法人财产权的性质的界定，往往与股权的性质联系起来，两项权利的构造具有某种统一性，股权的概念在法学上本来就争议很多，所以关于法人财产权与股权的界说显得更为复杂。关于法人财产权主要有如下几种观点。

There are various opinions in the legal community of China regarding the nature of corporate property rights, and the definition of the nature of corporate property rights is often related to the nature of equity. The construction of the two rights has a certain unity, and the concept of equity is already controversial in law. Therefore, the definition of corporate property rights and equity appears to be more complex. There are several main views on the property rights of legal entities.

法人财产权是指：法人所拥有的财产权。主要指：企业法人有接受投资，进行经营，经营的结果由投资人承受的权利。法人财产权来自于投资人。投资人向企业法人投资的目的是营利，是将财产交给法人经营和承担民事责任，而不是将财产拱手送给了企业法人，所以法人财产权是有限授权性质的权利。授予法人的权利是法人财产权，没有授出的，保留在自己手中的权利就是投资人的股权。

Corporate property rights refer to the property rights owned by a legal entity. Mainly refers to the right of a corporate legal person to accept investment, conduct operations, and the results of operations are borne by the investors. The property rights of a legal entity come from investors. The purpose of investors investing in corporate entities is to make profits, by handing over property to the entity for operation and bearing civil liability, rather than handing over property to the entity. Therefore, the property rights of the entity are limited authorization rights. The rights granted to a legal person are the property rights of the legal person. If not granted, the rights reserved in one's own hands are the equity of the investor.

二、法人财产权具体包括哪些内容

2、 What are the specific contents of corporate property rights

法人财产权具体包括：法人有接受全体投资人投资财产的权利（在法人设立之初也可以这样说，法人有哪些种类的财产权取决于投资人投资什么样的财产）；法人有将接受的投资财产登记在法人名下的权利；有以法人的名义经营该财产的权利；有以接受的投资财产和法人的日后积累，既法人名下的全部财产承担法人民事责任的权利。所以说法人财产权是一种授权。进一步说是法定授权、定向授权、有限授权、特殊授权。或者说法人财产权是一揽子授权。授权的内容就是：投资人要将投资财产的占有权交付法人；接受投资的法人可以根据投资人授权将所接受的投资财产用于经营，无条件的用于承担法人自己的民事责任。

The specific property rights of a legal person include: the legal person has the right to receive investment in property from all investors (at the beginning of the establishment of the legal person, it can also be said that the types of property rights of the legal person depend on what kind of property the investors invest in); The legal person has the right to register the investment assets received under the name of the legal person; The right to operate the property in the name of a legal entity; The right to bear civil liability for all assets under the name of the legal person, including the investment assets received and the future accumulation of the legal person. So it is said that human property rights are a form of authorization. Furthermore, it refers to statutory authorization, targeted authorization, limited authorization, and special authorization. Or it can be said that human property rights are a package of authorizations. The content of authorization is that investors must transfer the ownership of investment assets to the legal person; The legal entity that accepts investment can use the investment assets it receives for business operations and unconditionally assume its own civil liability based on the investor's authorization.

既然是有限授权，那就是还有所保留。投资人授予法人的权利是法人财产权。投资人没有授出的，保留在自己手中的权利就股权。两者都是不完整的所有权。法人财产权主要体现投资财产所有权的外在形式，股权则主要代表投资财产所有权的核心内容。

Since it is a limited authorization, there are still some reservations. The rights granted by investors to a legal person are the property rights of the legal person. The rights that investors have not granted are retained in their own hands as equity. Both are incomplete ownership. Corporate property rights mainly reflect the external form of investment property ownership, while equity mainly represents the core content of investment property ownership.

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