The Comparative Research On The Supervisory Board System Of Joint-stock Limited Company Between China And Germany

At present, the corporations in our country have already come into the new stage of corporate governance. How to use the experience and lesson of the developed market-oriented countries for reference to establish and improve the corporate governance in our country, and make it is in line with international community. It has become the common task for our government, industrial and commercial circles and academic circles. The supervisory board system in the two-tier system of Germany has its feature and is effective in the practice of corporate governance. There is also supervisory board in the joint-stock limited company of our country. But the system in our country is not quite effective. They have the common ground. They are both the specialized institution which is obliged for supervision. So we can contrast them and draw some useful conclusions that can help us to improve the supervisory board system in our country.The thesis consists of three parts except introduction and concluding remarks.In the first part, the thesis reveals the reasonableness and value of the supervisory board system by jurisprudential analysis. The supervisory board system bases on the theory of original of human nature, the theory of agency cost, the theory of team work and the theory of division and restriction of powers. These theories explain why corporations need supervisory board. The function of the supervisory board is to prevent the board of directors and managers abusing the right and protect all share-holders' benefits. The second function is to protect the creditors' benefits by financial supervision. The third function is to protect the stake-holders' benefits by taking in the stake-holders, such as the employee, to manage the corporation.The second part is the main body of the thesis. The author compares the supervisory board system between China and Germany. Firstly, the author looks back the history of...