Case In Lam Shares Of Listed Companies On The Legal System Of Financial Control

Since 2001, China joined the WTO has been nearly a decade. The reform of the accounting law is increasingly close to international accounting regulations. Accounting fraud has been the integrity of accounting issues are the focus of national research issues.2008 economic crisis and integrity, fraud and other issues have some contact. Report inflated profits, creating prosperity, and prosperity under the vulnerability of secrecy, these problems are today, and even countries can not solve these problems.In recent years, some foreign financial scandals emerging, such as Enron's false profits＄600,000,000, Xerox sales of 6.4 billion false, false Merck's revenue for three consecutive years a total of 12.4 billion U.S. dollars. This series of events distortion of accounting information users of accounting information accounting loss of confidence, but also greatly reduce the corporate accounting integrity. This paper describes the main content of which is to share as a case of Lam Tin to find several major listed companies in regulatory approach, relevant laws and regulations on the regulation of listed companies and the ways fraud penalties. Finally, the corresponding supporting regulations described inadequacies and the author's view of existing law.By comparative analysis of Chinese and foreign law rules of the supervision methods, and found the legal existence of the disease at the end. By comparison some conclusions after, such as the Independent Director System and the application of the board of supervisors due to the mixed system of internal audit department responsibilities confusion, not independent of the Executive Board of the post of internal audit; Although China's "Company Law" provisions of the General Assembly elected by the shareholders Board of Directors and Board of Supervisors, the two are tied for the state, but in fact the mandate of the board is too large, the mandate of the board of supervisors can not compete with their supervisors can only "proposals" of the motion, but not the same as the exercise of its supervisory board in Germany to lift the Board of Directors terms of reference. This greatly weakened the role of the board of supervisors; last more than the law of the special circumstances of the policy, the Securities Regulatory Commission and the stock exchange supervision of listed companies depends on the current economic environment, policy context and so the law can not be fully implemented regulation function, leading to fraud is nothing new in listed company; the media as the last line of defense must not play a very crucial role in the meeting of the Board. There is a little times to invite the media participation, and no serious concern about media and public companies of fraud behavior. These reasons are the result of fraud can not be eradicated reasons.Therefore, China should pay more attention to the seriousness of the law, to avoid policy-oriented place. But also to be well before the implementation of the legal argument, to ensure the rigor of the law. To avoid unpredictable changes in policy and the complicated in government.