Research On The Supervisor System Of The Chinese Listed Company

The governance constructive of the listed company has become an important worldwide research topic which has both theoretical and practical value. At present,the phenomena such as the majority shareholder's abusive use of power and the internal control widely exist in the Chinese listed company. This leads to the disorder in the management and operation of the corporation and stock market,and also causes the illegal activities which harm the interests of the minority share holders. Though there are many reasons for this,the shortcomings hi the design of the supervisor legal system is one among them. According to these facts that the .supervisory power of the board of supervisor in the listed company can not be effectively operated,the function of supervision has been gradually weakened,many scholars have proposed to reform the system of supervision in order to truly realize the seperation and balance among the internal powers in the listed company,targeting on the supervision system of the Chinese listed company,this thesis tries to find practical solutions for setting up effective supervisory department in the listed company and tries to offer valuable proposals for revising the Chinese corporation law.In the author's opinion,as to the big sized public corporations,setting up a professional and effective supervisory department not only satisfies the Justice requirements of society,but also is an efficient way to supervise the corporations. According to that,there is no need to reconstruct the system itself though it has many shortcomings. What we need to do is to revise it and make the system better. Combined the researching methods of using the knowledge of Jurisprudence,commercial law,civil law,economics,sociology and comparative law,this thesis uses five chapters to discuss about the supervision system.This discussion is based on the above legal concern and value selection,begins the analysis of domestic Listed Companies and Shareholders' rights and benefit protection,especially the concern of developing a better system. Because the increasing of power of Board of Director in many listed companies,to find a way to limit their authority is very necessary. To solve the problem to a greater extend,this discussion will discuss and analyze from three aspects. First,from legal and economic viewpoint,to find a solution to this,dilemma. Second,compare and analyze the internal control system of other world leading Listed Companies in which to find the difference between them,and direct it to our nation's situation,find out. the most suitable internal control system for our nation. Third,to analyze domestic current internal control system to gain a deeper understanding of the reality in order to provide a foundation to develop the better and renew internal control system. At the end,combining the above three points as a foundation,(under the circumstances that to ensure the superior position and the independence of the internal control system,a clear objective of the internal control system,and strengthen responsibility),to find the answer to revolutionize domestic internal control system,to suite our nations market revolution and the development of business law needs.General speaking,the supervision system of the listed company has both internal and external supervisory methods. This problem covers widely and is so complicated that there also is a need to do research also on the capital market and the hostile merger market which arms to take charge of the controlling rights of the corporation. As well as the product market in addition to the supervisory department,which we need to discuss in the near future. Moreover,hi the internal supervision system of the listed company,the supervisory effect of the meeting of shareholders and shareholder suits to the mangers can not be under estimated,'but this part is omitted according to the limitation of the thesis. As to the super visor system itself,and the motivation system,the specific rules of detprmining business issues,more detailed research is needed in...