On Authority Configuration Of Corporate Governance

Economic development, especially advocating free, competitive market economy matures, the enterprise operators increasingly demanding, and enterprises not only to achieve maximum shareholder value, but also take into account the interests of stakeholders. Traditional shareholder ownership and management rights into one mode of operation are facing a severe challenge. Based on the separation of ownership and management rights arising from a series of agency relations, corporate governance structure of the system design and show the decision-making power, supervision, the implementation of the separation of power and checks and balances. But the theory of corporate governance practices, particularly in China and a number of unsatisfactory issues, such as shareholders the right to unlimited, supervisory power failure, caused is considered the source of competitiveness of enterprises and the basic conditions for sustainable development of the theory of corporate governance difficult Zougong. This article concentrates on the allocation of power, the power of the border demarcation of the system design studies to play the greatest efficiency and effectiveness of the company, and satisfy shareholders, stakeholders, the community's common interests, have a positive practical significance.This paper is divided into three parts, the first exposition of the meaning of corporate governance, corporate governance right from the broad and narrow understanding of the discussions, described in this paper to discuss the narrow definition of the right to control the content that the Company's access to donors for investment The company gains control of the multiple in-house control agencies reached by the distribution system arrangements. Then, analysis of the corporate governance of the system of checks and balances of power for ideological foundation for the separation of powers. Therefore, the formation of a check and balance mechanism for the shareholders, board of supervisors, the board of directors and managers of the company and seek to achieve the various stakeholders in the best interests provide the impetus it is particularly important, and this part of the argument lies. Therefore, the formation of a check and balance mechanism for the shareholders, board of supervisors, the board of directors and managers of the company and seek to achieve the various stakeholders in the best interests provide the impetus it is particularly important, and this part of the argument lies.The second part discusses corporate governance structure of power between the legal relationship. First of all the company's internal analysis of each agency's power source, and then all of the rights and obligations between the relations were also discussed, and a clear allocation of power between the categories. Between shareholders and the Board of the General Assembly focused on the allocation of decision-making power, stressed the decision-making power to tilt the significance of the Board of Trustees. Board of Trustees and the board of supervisors between the mainly are concentrated in the supervision of the distribution. Board of Trustees of the oversight functions of its business is only part of the exercise of its oversight functions through the implementation of the decision-making self-correcting, and the board of supervisors established as an independent oversight bodies, mainly after the implementation of the supervision, reflected in the institutions and their staff supervision. However, major shareholders in control of the status of the company, the board of supervisors is often difficult to play a role. The establishment of an independent director system is also on lax supervision. Improve the supervisory functions should be maintained to supervise the independence, under the constraints of power in the exercise of the Board and the Board of Supervisors and the right to be complementary. Board of Trustees as a business operational control organs, as business manager of the direct enforcement agencies, the Board of Trustees of the discharge of its duties, often in the implementation of specific duties unclear, with the "Board manager responsibility system under the leadership of the traditional values" affect the deeper, Executive power in the allocation of decision-making power should be clear principles and established the border.The third part on the right allocation of corporate is governance principles. Against the real problem, through the authority of the legal relationship between the analyses, the authors summed up the principle of strict procedures, the directorate central principle, the principle of an independent supervisory authority, the objective conditions principle, the hope as the basic principle of allocation of power, thereby achieving better Power between the border demarcation. The principle of strict procedures that the division of authority between the operating procedures of checks and balances is on the important value, a process that caused the confusion is unclear responsibilities of the important factors. Center board of directors of the company on the principle of scale and professional management decision-making centre to the board the need to transfer, and set a shareholder of the General Assembly and the Board of Trustees of the border decision-making methods. The principle of independent oversight from the board of supervisors the right to individual and institutional independence, and other aspects of the exposition, attempts to achieve a truly independent supervisory authority. The principle of objective conditions as a solution to the board and manager of the division of powers principle is that the Board of Trustees established objectives and the creation of conditions, the manager of the conditions to achieve goals based on the principle of division of labour.