On Legislation Perfection Of The System Of Supervisors Board Of The Joint-stock Company

The board of supervisors is the inside supervisory organ that the joint-stock company of our country must set up , is an important part of company's corporate governance structure, Prevent administration and supervision authorities from going one's own way, protecting shareholder's investment rights and interests and company's creditor's rights and interests important measure. But in the realistic economic life, the system of board of supervisors has a false reputation, fail to play a due role, Already been a generally acknowledged fact. The restriction mechanism of power is an important factor influencing the company to manage the success or failure inside the effective company, After our country join WTO, in the face of fierce market competition, company must make inside supervision mechanism standardize and not getting high-efficient, So how correct to know joint-stock company board of supervisors systemly, of our country joint-stock company board of supervisors system to should weaken or should strengthen and perfect further, It is perfect to it, is an urgent subject in front of scholar and legislator which kind of measure should be taken. This text utilizes the research approach of the comparative jurisprudence to set about from realizing the basic conception of board of supervisors of the joint-stock company , Through observing the development and characteristic of the foreign joint-stock company system of board of supervisors, Analyse of our country joint-stock company board of supervisors timid origin that take , propose and perfect joint-stock company board of supervisors legislation of system choose, On the basis of already had research results to draw a scholaring, maintain that uses the successful legislative experience abroad for reference, Legislate to the organization system, system of functions and powers and obligation responsibility system of the joint-stock company board of supervisors of our country perfectly. The full text divides into four chapters and describes this altogether. Chapter one the system of board of supervisors of the joint-stock company is summed up. Chapter this introduce joint-stock company concept of board of supervisors at first , analyse joint-stock company board of supervisors theoretical foundation that system produce, Have introduced the development and characteristic of the joint-stocks company system of board of supervisors of Germany and Japan especially in observing in the world of the system of board of supervisors, And appraising to the systems of board of supervisors of Germany, Japan joint-stock companies of two countries. While analysing the joint-stock company system current situation of board of supervisors of our country, query in introducing the independent director's system, The independent director's function can be realized through the board of supervisors basically. Point out of our country board of supervisors timid to take phenomenon produce origin have 3 joint-stock company: Traditional idea fetter, current defect and defect that legislation pay of system, Propose that the legislative countermeasure of the joint-stock company system of board of supervisors of our country is chosen, the board of supervisors of our country supervises the weak reason not lying in the mistake that company's organ sets up , Lie in not defining its concrete system according to the theory of the special regulator strictly , Have not exercised authority to supervise strictly either; The supervision system of the joint-stock company needn't be constructed again, but need to strengthen and perfect. Chapter two expounded the fact that perfects the organization system of the board of supervisors of the joint-stock company . Chapter this analysed the existing problem of organization system of board of supervisors of Company of our country and proposes the corresponding perfection suggestion. About perfecting the inside of the board of supervisors of the joint-stock company and make up the structure, this text proposes perfecting worker's supervisor's system...