在建立铁路现代企业制度中,铁路国有资产投资主体“缺位”,企业运作就无法排斥上级行政性干预,出资者所有权与企业法人财产权难以分离,内部治理结构就不可能规范,企业法人财产权也难以到位。也就是说,铁路国有产权虚置与政资一体和政企难分从而法人权利缺损 In establishing the modern enterprise system of railway, the state-owned assets investment body of railway is “absent”, the operation of the enterprise can not exclude the administrative interference of the higher level, the ownership of the investor is difficult to separate from the property right of corporate legal person, the internal governance structure can not be standardized, Difficult to put in place. In other words, the state-owned property rights of railway and the integration of government and enterprise and the separation of government and enterprise and thus the loss of legal rights