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Research On Some Issues Of The Board Of Supervisors Of Listed Companies In China

Posted on:2004-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiangFull Text:PDF
GTID:2156360122485072Subject:Economic Law
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Supervision system is an indispensable element for the internal management mechanism in listed companies. But in china, at present period of time, the board of supervisors does not play a positive role as expected in the internal management mechanism in listed companies and is far from satisfying the expectation the legislatures placed upon it when they enacted the regulation. If we take a look at the supervision systems of German law and common law from the angle of the effect of supervision, We can see that there is no clear differences between the powerful board of supervisors enacted by German law and the combination of internal supervision in the board of directors and the external auditors and the committee of auditors established by common law countries. Therefore, it should be taken into account that weshall give attention to and make a combination of all kinds of supervision system when it comes to improve Chinese supervision system of listed companies. So, starting from reviewing theories on this subject, this dissertation makes a positivistic analysis upon the board of supervisors of Chinese listed companies and makes an investigation to the legislative consideration of those major countries in hoping of finding an outlet for the Chinese supervision system that is now in plight.This dissertation mainly adopted two research methods: one is the method of positivistic analysis, which is used to make investigation to the present Chinese supervision system and analyses the defects of it and find out the causation of it and etc. The other is the method of comparative analysis, which is used in make a compare among the supervision systems of British, American, German and Japanese and find out the similarities and differences of the foresaid in hoping of being a beneficial reference to Chinese supervision system.The whole dissertation has been divided into five chapters, and the structure of this dissertation is as follows:In the first part, the author makes a description on the theory bases of the supervision system of listed companies. Thereinto, the theory of entrustedagency focuses on the issues of moral risks, speculation and opportunism rooted in the board of directors of management level when they functions as an entrusted agent. The theory of team work, however, gives more attention to how to ensure the enthusiasm of the team members. And the theory of entrepreneur of enterprises & contracts makes a combination of the foresaid two, verifying that self encouragement and self supervised can be achieved by giving the operators the right of claim for surplus value the company and discussing the feasibility of supervision to the team members. Those theories offer a good commentary on the economic plausibility of supervision system.The second part deals mainly with the demonstrative analysis of the system of the listed companies' board of supervisors in our country. The author begins with a review on the current practical situation of it. Then, he analyses the existing defects and looks for the causations through the company legislation system of our country.The third part makes a review on legislation of the listed companies' supervision system in the major countries from the two Legal Systems.The author firstly makes an investigation upon the supervision system of common law countries, which is functioned corporately by the board of directors, the committee of auditors and the external auditors. Then, theauthor makes a comparison between the systems of the board of supervisors in Germany and Japan, in the end, the author gives his comments on the supervision system of the listed companies in the two Legal Systems to seek somewhat beneficial references.The fourth part is about some ponderings of perfecting the supervision system of listed companies of our country. First of all, it deals with the functional orientation of the board of supervisors of our country. This dissertation believes, through analyzing the relationship between the board of supervisors and the independent directors, t...
Keywords/Search Tags:Supervisors
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