Legal Study Of The Governance Structure To SMES (Medium-sized Enterprises)

With the reform and improvement of socialist market economic system, the corporate governance is drawing more and more attention due to its importance to the development of SMES.With the market share of the SMES increasing day by day, it is playing an vital role in our national economic development. However, the SMES'imperfection being exposed wholely in governance structure is always ignored and is restricting their further development. Therefore, the concern about SMES'problems on corporation governance and some rational suggestions have very strong theoritical and practical significance.Regarding all sorts of domestic SMES as the research object, this thesis adopting the normative research analyses the legal problems in governance structure of SMES and puts forward some rational suggestions. To begin with the definitions of SMES in law, this thesis assures the objects and discusses how to define the SMES according to the standard methods of identification and qualification.This thesis points out that medium and small businesses promotes a doctrine exposes deficiency on the define standard at present, which should be improved by means of combining the two kinds of standard methods of identification and qualification. Based on it, this thesis analyses the legal problems in governance structure of SMES entirely, including the problems in organization, management and so on. Besides, this thesis points out the SMES'imperfection being exposed wholely in governance structure is also one of the induction factors of financing difficulties.On the basis on the definition of SMES in law and the analysis of SMES'problems on corporation governance, this paper gives several suggestions about how to rebuilt the rules in SMES'governance structure. In the improvement of internal governance structure, it mainly expounds how to clarify business ownership, improve the ownership structure, strengthen the borads of directors and supervisors'function and establish the rational encouragement and restrain mechanism.In the improvement of external governance structure, it mainly expounds how to improve the legal regime environment of SMES, dredge the capital market of SMES and strengthen the independent director's institutional improvement. Meanwhile, it also discusses how to perfect stakeholders'interfering corporate governance, perfect the market for corporate control and a market of professional managers, attach importance to the building of enterprise culture, innovate management concept and so on.In conclusion, this paper analyses the SMES in different developmental stages and different organizational forms and puts forward some rational suggestions.