On The Legal System Of The Board Of Supervisors

The most basic and typical character of the modern corporation, especially the stock corporation is the separation of the ownership and the operation. This separation causes the problem of"entrust—proxy", while the principle of autonomy in private law requests the corporation qua the entity of the private law making decisions or answering for the responsibilities by itselves, thus surely spurs the corporation self-restricting and self-supervising. The instauration of the corporation's interior supervising institution achieves the self-restricting and self-supervising under the state of separation of ownership and operation, and becomes the inevitable requirement of the modern corporation's development. The different countries chose different interior supervising modes out of the different corporation law sense, the different concrete economic systems and the different traditions. The interior institutions in Chinese modern corporation includes the shareholders'convention, the board of directors and the board of supervisors, thereinto, the board of supervisors is the special interior supervising institution taking charge of the supervising function specially. While in practice, the supervisors regime in our country does not exert its due function of supervising in deed, hence it introduces the independent directors regime. However, the obstructing to the board of supervisors'function is not the functional shortcoming of the board of supervisors'setting pattern. This paper introduces the basic theories of the supervisors regime with the interior supervising institution as its researching subject and the public corporation as its researching object. It exerts both the method of comparison which introduces the primary two interior supervising...