A Study On Chinese Supervisory Board System Of Company

the general principle of company administration is checks and balance as well as supervision for right, which is carried out by an important arrangement, say supervisory board system. It is stipulated by Company Law of the People's Republic of China that Supervisory Board is the supervisory institute of company. However, it is not optimistic about the function of supervisory board system since Company Law was issued in 1993. In the meanwhile, as the continual prevalence of the independent director system throughout the world and the puissant push by Chinese security administrators, there is a descending tendency of the supervisory board system. Therefore, it is of great necessity to coordinate and analyze Chinese supervisory board system. This article tries to find out the reasons to explain why Chinese supervisory board system hasn't exert its functions by analyzing the theoretical basis for company supervisory board system and, comparing inner supervisory and managing system of two legal systems. Basing on this, in order to bestead for establishment and improvement of inner supervisory system of Chinese company as well as administrant structure of legal person, the current article also tries to analyze whether Chinese supervisory board system should be maintained, the relationship and conformity of the functions with the independent director system and, table several proposals for how to improve supervisory board system under the circumstance of independent director system. As a wholl, the article is divided in to five parts, 3,5000 in all.The first part analyse the academic base of setting up the supervisory board system, this part point out that setting up the supervisory board system show the value concept of protecting security in the Company Law of the People's Republic of China;setting up the supervisory board system is the embodiment of separation of the three powers which is the in the Company Law of the People's Republic ofChina;Designing and carrying out the supervisory board system is to solve the problem of entrusting and substitution; the effective running of the supervisory board system is the actual demand for the modem enterprises to solve the problem of powerof control.The second part is the comparative analyse of internal supervision system of the modom enterprises. This part include three aspects: the independent director system in the united states; the supervisory board system in the countries of civil law tradition; Commenting on the internal supervision system of mondom enterprises in the united states, German, Japan and South Korea. Firstly I compare the independent director system in countries of common law tradition with the supervisory board system in the countries of civil law tradition, here I review the supervisory board system of civil law tradition, introduce the feature and specialty of the supervisory board system in some countries such as the united states, German, Japan and the south Korea. And then using it as the academic base, 1 review the excellence and defect of the two supervision modes. At last I reach the conclusion that we can't say one internal supervision system is better than another because either supervision system is based on the law system, economic background and culture tradition of its own country. Although one supervision system always uses another's for conference, it never change the power system of enterprises of each. That the effective running depend on the legality, rationality and exercisablity of the design of the system.The third part analyses the present situation and the reason of lessen of duties of the Executive Monitoring Committee in China. First of all, this chapter analyses the legislation leak of our Corporation Law: simple, abstract and inoperative; and then it enumerates the present situation in operation of the Executive Monitoring Committee system, which rests on datum and conclusions provided by the Market Bureau of the Committee of Economy and Trade and related discussion team and is by the virtue of positivist charts. At pres...