Reform Of Company Supervisory Bodies For Study

This thesis focuses on the recent Chinese corporation supervision legal system. It will discuss the problem which has been found in its practical application of the content of the law principle, and present the characteristics and advantages of supervision mechanism system in various foreign corporations. Additionally, in order to confront the need of future economy development, some view of the reform and suggestion of Chinese supervision mechanism system will be proposed, according to the special Chinese national condition and the foundation of social background. As the world economy is in its course of developing and transforming now, the corporate governance has been became a problem of gained a great attention and reinforced in legal to. In order to avoid the enterprise malpractice which may result in destroys and strikes of the social economy and financial order, reinforcement of enterprise supervision mechanism and control system should be performed as the emphasis of the system designing. Emphatically, as the main expectation, the role of the supervision mechanism should be justifiable ,independent ,professional and detached, responsibilities and power should be enforced, and power of performance should be carried out. However, the supervision system is to be set up according to the law, moreover, it is an institution which is able to perform powers independently. And it is in charge of the justness and validity of the supervision and execution, also, it put forward reports to the shareholder's conference. The supervision system is granted the relative authority as the responsibility and power gist of performance of supervision and control. As a matter of fact, in terms of recent proposal of advocating reinforcement of the mechanism of enterprise management, The proposal referring to reforming the supervision system and reinforcement of the responsibilities and power is not obvious, instead, it entrust its expectation to other mechanisms ,such as the independent directors. It's a contradictory phenomenon. Thus, it manifests that the supervision system is not attached with importance, or its efficacy is limited. Chinese corporation supervision system has been put into effect since the first 'law of corporation of People's republic of China' established in1993.The Corporation Law has been revised in 1999 and in 2004 respectively. In its implementation course of near 12 years, accompanied by course of economy growth with the reform and opening, the supervision system in Corporation Law did perform certain guidance. But because of the velocity of the economy development and the social improvement and transform, in both aspects of implementation and the availability for the future, Chinese corporation supervision system exhibits shortage and problems needs to improve urgently. Based on the needs of confronting development of future economy and social transform, this thesis first analyze the recent system of Chinese corporation supervision and research the problems existed in practical operation. Then it one-by-one proposes the problem points such as carrying out responsibility and power, organizing members, qualification and condition, blurry function and feeble outer supervision system. And make important inclusion concerning the characteristic and advantages of recent corporation supervision system in various foreign areas. Moreover, in order to confront the need of future Chinese fast economy growth, according to the situation which is proper to special Chinese national condition and social reality, the thesis will put forward some reformatory proposals of corporation supervision and viewpoint with matched measure. The conclusion that this thesis gained considers that the reformation of Chinese corporation supervision system should definitely constitute the institution of supervision as the independent supervision system which is committed by the shareholders' conference, enforce and highlight the status of supervision system, and bring the auditors and certified accountant into the manage scope of supe...