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Cognition And Consideration To Our Country's Supervisor Board System

Posted on:2004-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2156360122965815Subject:Law
Abstract/Summary:PDF Full Text Request
We should say that the company rules established in our country's "Company Law" certainly own the successful side. It designates a correct direction to the enterprise reform and modern enterprise rules in country economy transform period; and it also plays a great role in establishing China-Style modern enterprise rules. But we have to point out the Company Law also has its unsuccessful side, especially appeared in the justice practices, existing many handicaps. If we hunter after the reasons, we could find that these handicaps not only ascribe to the technology of lawmaking but also ascribe to the law concept. Furthermore, the most important factor is the current politics & economy terms and conditions. And this result in many problems occurred in the justice practice of Company Law that could not be solved immediately, such as the appearances of " company controlled by inside peoples", " foot-vote system void" and " collecting money with fake account and false news", etc. Although many enterprises made reforms toward to company system, but the advantages of company system don't appear in the enterprise development. Therefore, our country law circles made many theoretic studies and submitted some amendment suggestions & advices to the Company Law. But in the final analysis, the establishment, change, termination, operation and development of company are all connected to certain "knot" in law net. So, for establishing and perfecting our country's company rules, I think we should start from having the company management structure strict. Through the analysis to supervisor board system of company, following please find my cognitions to this system.First, I think, the supervisor board system is certainly very important to company management. The modern companies should make full use of the contribution of the supervisor board system in company rules to perfect the management of our country's company enterprises.Secondly, from the analysis and study of our current Company Law and the some rules of foreign Company Law, I point out some problems occurred in judgement practice and operation of Company Law; and I also submit amelioration measures accordingly. The contents involved contain: 1. the source, organization, people number, authority of supervisor board; 2. the patriarchate of supervisor board; 3. the authority of supervisor board; 4. the standing orders of supervisor board; 5. the supervisor's duty and obligation.Thirdly, I also bring forward my opinions to the lack of the supervisor board set in the current Company Law. I think the main shortcomings focus on our Property Right Rules, the election method ( including the source of supervisor, qualification for post, number limitation), the supervisor's right guarantee, the issuance of the news & information of the supervisor board, the allocation system, etc.Finally, for perfecting the rules of our Company Law, my main viewpoints are as follows:1. establishing modern enterprise rules to perfect our supervisor board system, and actualizing the clarity of property right of company and the trade market of enterprise company, radically adjusting the property structure of enterprise company.2. perfecting the empanelling system of supervisor board and have this as the means to perfect our country's supervisor board system. Introducingaccumulation vote system in company management to protect the speak right of small shareholders in the supervisor board; meanwhile, improving the supervisors' self-diathesis to perfect qualification criterion for holding the post and properly introduce some supervisors from outside.3. actively use accountant supervisor system for reference and increase the strength of finance supervision.4. clearly stipulate the law status of enterprise labors, having the laboring droit reverted to laboring power and obtaining the same law status with capital power; increasing the employee supervisor ratio in supervisor board of company.5. perfecting the power of supervisor board and innovating the promptin...
Keywords/Search Tags:Company, Supervisor, Board of Supervisors, Supervisory system
PDF Full Text Request
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