The Study Of Choice Of Legislation Model To The Internal Supervision Mechanism Of Listed Companies

The Standing Committee of the National People's Congress promulgated the "Corporation Law of the People's Republic of China (2005 revision)" on October 27, 2005, and innovation has been made on many systems of the Corporation Law in this revision. The most striking feature of the new Corporation Law is to "deregulate and pay attention to the importance of the autonomy of the parties (companies) "; however, the new Corporation Law forces the listed companies to adopt both the board of supervisors system and the independent directors system to form a parallel system of internal supervision mechanism by mandatory regulations, and this "broad-brush" approach is not consistent with the spirit of the new Corporation Law. On the basis of an integrated consideration of the current status of listed companies, stock market development trends, as well as a number of the latest policies such as "sub-owned shares reform" in our country, which one will be more realistic, reasonable and science: to introduce the independent directors system and cancel the board of supervisors system, or to improve and perfect the traditional system of the board of supervisors, or to choose the parallel mode of two systems provided by the new Corporation Law, or to provide these two systems and give the companies the right to choose?Considering the current development of the securities market and listed companies in our country, the author is of the opinion that the Corporation Law provisions on the internal supervision mechanism should demonstrate more flexibility.or that the listed companies should be given greater freedom of choice on the internal supervision mechanism, which makes the listed companies have more freedom when they comply with the mandatory provisions of Corporation Law and enable them to choose the internal supervision mechanism that is most appropriate according to their commercial ethic on the basis of the consideration of the actual situation of the companies.The contents of this thesis are composed of like this:Chapter 1 the summarization of the latest regulations, and statement of the content and the significance of the internal supervision mechanism of the listed companiesIn this part, the author first makes a brief overview of the latest regulations of the internal supervision mechanism of the listed companies provided in our present revision of the Corporation Law; and then the author state the content of internal supervision mechanism of listed companies; finally, the author points out...