Research On The Power Of A Company's Board Of Supervisors

The administration construction of modern companies differs from that of traditional enterprises, based on the distribution and restriction of the power. The reasonability of their and effective operation has a great impact on the profit and existence of the company, but agency-cost also comes into being. So how to effectively supervise the directory is a main problem of every country's legislation around the world. The CBS (company's board of supervisors) is a statutory and indispensable machinery of civil law countries, but the mass of CBS didn't perform the right effectively. This paper mainly studies the power of the CBS. According to the analysis of the condition of the CBS in main civil law countries and common law countries, the author hope to offer some advices to improve the power of CBS in our country, and also can accelerate the power of the CBS to perform effectively around the world.In structure, the paper is divided into 4 parts, as followings:Part â… , the summary of the power of CBS. The power of CBS is the function and right that CBS has in its duty. It is different from the function and duty of CBS. It is endowed by law, and is the main part of the company's power system. It is very important for company. We can classify the power into different kinds according to different standards. In the beginning of lawmaking, the power of CBS has been reforming continuously. Countries all over the world adopt different mode of corporate monitor power according to their respective fundamental of company law, economic system and equity structure as well. The power in our new company law and other laws are too general to manipulate and lack of measure to bring into play, so should be more improved.Part â…¡, the theoretical foundation of the CBS. The academic base of the power of CBS include theory of separation of the three powers, democracy and freedom in constitution; theory of equality, unconstraint, the principle of good faith and forbidding misuse of rights, ownership and limited rights of things in civil law; theory of efficiency, social equity , transaction security and the principle of subject legality in commercial law; and other correlative economic and management theories. Furthermore it analyzes the requirement these theories bring to the power system.Part â…¢, The content of the power of CBS. In this part, the paper compared the power of CBS in civil law countries, common law countries and our country, and concludes that the power should include the following: supervising the company financing, supervising the senior managers, ensuring the board of shareholder, engaging, litigating act as the company,...