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Legislative Thoughts On Strengthening Supervisory Board System Of Chinese Listed Companies

Posted on:2004-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:F LiFull Text:PDF
GTID:2156360092495783Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The thesis takes the background of that Chinese listed companies introduces independent director system of Common Law for the deficiency and flaw of supervisory board presently. It bases upon the existing situation of coexistence of independent directors system and supervisory board system, analyses the actual effect of supervise of independent directors from various angles, then draws a conclusion: In fact, independent director system cannot play the function that we hope. The key of perfecting Chinese listed companies' internal supervisory mechanism is drawing the advanced experiences from those developed countries to strengthen the present supervisory board system, but not simply add another supervisory power or rebuild the supervisory system.The thesis is composed of five chapters except for the preface and the conclusion. They are as follows:Preface introduces the writing purpose, the writing space , the research meaning and the method of the thesis.Chapter One discusses the bases of theory about the setting of supervisory board from legal and economic angle.Chapter Two analyses the resources that supervisory board system loses its effects not only lie in the influence of traditional economic structure and ideas, also in the oversights of legislation of Chinese Company Law.Chapter Three sets off a discussion on which is suitable to retain or abolish supervisory board under the background of introducing independent directors system in Chinese listed companies, points out that introduces independent director system will lead to new corporate governance problems, it also cannot play the same function as is in Common Law countries. Retain and strengthen the supervisory board system is the rational choice for perfecting the internal supervisory mechanism of Chinese listed companies.Chapter Four makes horizontal compare among some typical legislation on supervisory (board) system in Civil Law countries, then summarizes their advanced experiences to be used for reference.Chapter Five provides concrete suggestions on how to enhance supervisory board independence and authority, how to strengthen its power, how to perfect its exercising way of power, and how to build its duty system.Conclusion stresses the viewpoint of this paper again, points out the writing shortcomings of this paper, introduces the reformation and perfection of complete systems related to the effect the supervisory board system plays.
Keywords/Search Tags:Supervisory Board, Supervisory, Function, Strengthen, Legislative Thoughts
PDF Full Text Request
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