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The Legislative Perfection Of Corporation Governance In Our Country

Posted on:2007-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:J XiongFull Text:PDF
GTID:2166360182989020Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The problem of corporation governance is produced with the appearance of the Limited Company, its core is because ownership is separated from power of management, owner's interests or goals are not in accordance with the operator's that produces commission and agent relation. The new company law of the People's Republic of China aimed at the content of corporation governance, and concerned the structure and function of board of directors, the ordonnance of right and obligation between board of directors, board chairman and the manage layer represented by general manager, and the related deployment such as appointment, supervision and other aspects.This paper mainly included the contents of following aspects:The first part started point from the definition of corporation governance, and expounded the definition compare of corporation governance, the cause of producing, characteristics of law, history of law, analysis of law and the significance of corporation governance.The second part introduced several representative corporation governances over the world such as American corporation governance, British corporation governance, German corporation governance and Japanese corporation governance. Because the problem of corporation is totally an "exotic" in China, to understand the related systems aboard is necessary. And the experience of other countries also can be the reference of corporation governance of our country.The third part started with the present company system condition of our country, and expounded especially in following aspects: the appearance of "large shareholder" existed in capital structure;the realistic troubling conditions of board of directors;the obligation and duty system of board chairman, supervisor and advantage manger seriously handicapped the perfection and development of corporation governance;and the board of supervisors invalidated.The forth part aimed at the questions concerned in the third part and analysis the judicial perfection of the new company law to corporation governance, and packed up the related contents of new company law. This paper did not confine itself to the modification this time, but raised further advice based on analyzing the question incorporation governance and combing the new company law. And for showing the forward looking of this paper, some theories and systems also were discussed and researched boldly even they were not absorbed by new company law yet.
Keywords/Search Tags:Corporation governance, Stockholders' conference, Board of directors, Board of supervisors, Manager's layer
PDF Full Text Request
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