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The Supervising Organ Studies Inside The Modern Company

Posted on:2005-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:J Q YuFull Text:PDF
GTID:2166360182467870Subject:Law
Abstract/Summary:PDF Full Text Request
How set up, operation supervising organ inside the Company, structure the supervision mechanism of power inside the company, it is the key to managing in the company all around the world, it is one of the legislative focal points of the reform of company of our country too.Because of the difference of politics , economy , culture backgrounds of various countries, the inside administration structure modes of the companies of various countries are not the same, the supervising organs are different to some extent too inside its corresponding company. Manage the putting forward and describing the necessity which the supervising organ sets up and value efficiency inside the company of the question from the company in purport of this text, establishment and background of the supervising organ inside different companies of various countries of comparative analysis, combine legislation setting up and operation current situation of the supervising organ inside the company of our country, it is suitable that the independent director's system of evaluation and analysis and system of board of supervisors are in our country,Certainly independent director's system and power inside the company of system of board of supervisors supervise and check and balance the value efficiency of the respect, point out the independent director and conflict and coordination that can be had on the job of board of supervisors under the present legal system of company in our country at the same time . Propose the design of the supervisory system is to perfect the system of board of supervisors on the basis of already existing legislative frame inside the company of our country, strengthen the independence of the board of supervisors, strengthen the supervision functions and powers of the board of supervisors , set up guarantee system and effective encouragement tied mechanism to the supervisor supervising the functions and powers being exercised . Propose legislating to draw lessons from the scientific idea of the independent director's system at the same time , allow the corporation by-law to determine independently according to one's own characteristic whether to employ the independent director in order to solve the demand of company's practice or not.This thesis is divided into five chapters, differentiate the summary as follows in content per seal:Chapter one: The modern company sets up the theoretical foundation of the inside supervising organ. This chapter manages the putting forward and explaining important position and function in the company manages of supervising organ inside the company of the question from the company 0Chapter two: The ones that legislate to set up are relatively evaluated and analysed the supervising organ inside the companies of various countries. This chapter has investigated mainly Commission on Audit composed of independent directors of Great Britain and America and auditor of outside carry out the mode of financial supervision , mode of board of supervisors of combining administrative power of decision and authority to supervise together of Germany, Japan , France melt continent law and Great Britain American and French department supervise key element on integrative alternative mode. Background factor and quality of the system chosen from the system at the same time , to supervising the mode carrying on evaluation and analysis inside three kinds of above-mentioned different companies.Chapter three: The legislation of the supervising organ is set up inside the company of our country and operation current situation and defect . The current situation in it is suitable in our country that this chapter has analysed the system of board of supervisors and independent director's system mainly and defect existing. And propose the design of the supervisory system is to continue keeping the already existing board of supervisors and is regarded as the special supervisory organ inside the company inside the company of our country, take authority to supervise back in the board of supervisors in unison, but the independent director orientates as and promotes company's business decision scientific process, independent specialized complementary organization of transparence, is it is it allow corporation by-law is it employ independent director in order to solve demand , company of practice to choose independently to legislate to proposeChapter four: Perfect the system of board of supervisors of company of our country. This seal of defects and using the advanced experience supervising system design inside companies of various countries for reference to the board of supervisors of our countrylegislates and operates, put forward the functions and powers of the board of supervisors and supervisor from the independence of strengthening the board of supervisors, strengthen, set up board of supervisors and security mechanism that supervisor exercise authority , is it perfect board of supervisors of our country to come to board of supervisors and encouragement tied mechanism three respect these of supervisor to perfect.
Keywords/Search Tags:Corporate Governance, Inside supervising organ, Independent director, Board of supervisors
PDF Full Text Request
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