Fairness And Efficiency Inside Corporate Governance

Good corporate governance is the important reason of the corporation system' s development . Initial problem to the establishment of corporate governance is the value choise. Fairness and efficiency is the basic values of law. How to choose them in corporate governance will affect the corporation system with realization and development.This text includes the introduction and four chapters.The introduction is mainly explain the meaning of this research, some concepts, such as corporation and corporate governance, fairness and efficiency, etc, the methods of this research , such as history analysis method, comparison' s method etc. This paper tries to look for the development regulation of the values from the history, have the conclusion of values choice through comparison, and from this we can attain the logical coordination consistence.In the first chapter I analysed the regulation of the coporation creation. The classic business has the" nature law" kind from it' s creation, giving much concern about fairness and efficiency, so they do not disappear although many corporations appears. In the western corporation system get the support of the economic free theories and the private law principle, equilibrium the relation between fairness and efficiency. Corporations can concentrates a flood of funds within short time and organize large-scale production, more increase the economy efficiency, lowering the bargain cost, the fairness also got a certain degree at the same time. The Chinese corporation system establish at the reformation of the state-owned business, establish in the principle of government control economic. This require our government have an over person' s courage and judgment to push forward this reformation, the state-owned out and private capital into, establish the modern corporation system.In the second chapter I analyzed the different development stage of corporate governance. Shareholder center doctrine and directors center doctrine, and the further development of the thereafter is all an outcome of history development and economy development. Behind the corporate governance construction change is a variety values of corporate governance. The values go back and forth in fairness and efficiency. In different development stage, fairness and efficiency have different position. The Shareholder center doctrine lays emphasis on the fairness, the directors center doctrine lays emphasis on the efficiency, and the further lays emphasis on the equity between fairness and efficiency. All these are good proof.Chinese corporation law service the reformation of the state- Owners business. We should research the theories about private on the foundation of the thought liberation, and take it into expansion. Then we would establish Chinese corporation system, which look after both fairness and efficiency, have the Chinese character.In chapter 3 I analyzed corporate governance in the main east states. In eachconstruction formation, the ownership of share construction decision the power distributes of corporations controls. In mainland the corporate governance construction is an inner governance, through which the corporations manage to equilibrium all benefits. They usually express to emphasize the value of fairness. The corporate governance in the United States emphasizes the efficiency on the basic fairness, for example proceeding authorize to the directors well, inspect mainly after the decision. All these are striking up creative able t he board director' s.Every country culture also have very important function in the formation of corporate governance institutional. German have reasonableness and ability of thought from abstract. Japanese have the ability of absorption from another country. Frenchman like romantic. American is liberalism, etc. All these have different degree influence about corporate governance institutional formation.In chapter 4 I tries to analysis the value choice of Chinese corporate governance. Say from the law value, in the different type corporations, and in different nat...