摘要： 企业营利性的标志是投资者暨股东依法得获取资本的收益。知微见著，这一法律概念与资本有着内在关系，也可为国有资本的正当性提供一个旁注。国有资本的价值就在于将资本的利润用于社会目的，为社会福利和公共善治提供物质基础；它只与私人大资本争利，而不与“民”争利。厘清营利性概念的另一重大实践价值，则是以举办者或出资者、股东能否取利为标准，原则上可由某社会事业的举办者选择非营利或营利性经营方式、以及选择是否采取公司组织形式，并允许非营利组织以赢利方式从事章程设定的活动，以使其可持续发展，改善经营和治理，推动慈善、教科文卫体、传播、环保等社会事业的发展。

关键词: 营利性, 资本, 私人资本, 国有资本, 非营利组织

Abstract: The symbol of the profitability of an enterprise is that the investors or shareholders could gain profit from the capital thereof. As a straw shows which way the wind blows, the legal definition of profitability is internally related with capital, which is also a sidenote for the justification of state owned capital. The value of state owned capital is to benefit the public with its profit and provide the physical basis of the social welfare and good governance. State owned capital only contests with big private capitals, however, it should not compete for interests from the people. Another significant meaning of clarifying profitability is to promote the development of social undertakings, such as charity, education, science, culture, sanitation, sports, media and environmental protection etc., based on the standard of for profit and not for profit. The organizers or investors or shareholders of a social enterprise could choose a form of profit or nonprofit organization. A nonprofit organization could also carry out business activities and use the earnings for the undertaking set by its bylaws.

Key words: Profitability, Capital, Private Capital, State owned Capital, Nonprofit Organization