On The Perfection Of The Corporate Governance Structure Of Our Country

Corporate governance structure is both a subject of law and a subject of economics. The thesis starts with the presentation of the concepts of corporate governance structure, of laws, of property structure, of agency problem and of the checks and balance system and the outsider restriction mechanism. Then, after the discussion of the successful experience from foreign corporations and the comparison between the continental law system and Anglo-American law system, it focuses on the discussion of the current problems for quite a few our Chinese corporations in corporate governance structure and proposes the solutions.Corporate governance structure is a power allocation mechanism that aims to balance the power and duties among shareholders, the board and the managing level. How to rationalize the power balance and how to provide effective mechanism is core principle for a corporation. The essence of the relevant law making is to lower the cost of agency, to restrict and govern its power and thus to achieve the utmost profit.The thesis is divided into five chapters, which are respectively the discussions of theories, the power orientation of shareholder meetings, the law-making of the board's power, the evaluation of independent director institution, and the role of board of supervisors. Among which, the thesis focuses on the discussion of the borrowing and innovation and the set-up of specialized committee along the board. Independent director mechanism in our country is still under development and we are trying to borrow form the experiences of western countries and we are endeavoring to develop our own mechanism.There are still many problems existing in our structure. That's, the stockholder meeting is too formalized; the institution of supervisors is a bit shadowy; the lack of power balance and restriction; the defects and conflicts in law, etc.. Thus, the priority in the perfection of our structure is to form an effective power balancing and restricting mechanism, to better the qualifications of the...