On The Commercial Banks And Corporate Governance

Banks and companies are the two most important micro-economic entities of the socio-economic life. They linked closely together by corporate finance activities. They are two pillars that support China's economic transformation and economic development at this stage. Corporate governance is the core of the Company Law, it is the big problem which refers to if the interests of the company's shareholders and other stakeholders in the company and if the company can perform function effectively. The value of corporate governance philosophy is the soul of company law. It determines the direction of company system. Due to the growing emphasis on corporate governance from the widest sense to re-understanding of the company's management structure, people's attention focus on the perspective of the stakeholders management philosophy which based on generalized corporate governance in recent years. In China, make banks perform an important function will have profound practical significance to China's laws and regulations and the perfection of policies.The first part of the article based on the broad corporate governance perspectives analyze significance,necessity and feasibility of the stakeholder theory of the introduction of the corporate governance deeply. This part is the basic premise of theory of this article. It's leads "stakeholder common interests ahead of everything else". At the same time, it also elaborated the importance of the bank as the most direct creditors. The second part elaborated on the reason and paths of commercial banks interfere with the management of trails. This segment detailed in the existing bank intervention force capable of corporate governance. The basic theory is the starting point. Analyzing the value of the two main Path which the bank as part of the company's equity investors and banks as part of the company's external financier of corporate governance .we can come to the following conclusion: The reason why commercial banks intervene corporate governance and driving force was the pursuit of access to corporate profits and interest income after profits. With commercial banks economic control and supervision of the net cost advantages to enterprises and the economic control of information, the commercial banks have ability to supervise corporate governance. The main content of the third part is study the special legal status. In this part, banks role models of Japan, Germany, the United States are different each other. We can have the conclusion, In China, commercial banks, which supervise corporate governance, should be a external financing. This article reflects on the fourth part of the banking system in our country reflection the causes of organized banking system' failure and practice effects, pursuing the system exposed many problems of laws and regulations and so on. With the national conditions of China, we advise that study from the successful experience of foreign mining stakeholders management and at the same time adopt the manner as external financing banks, this manner can supervise corporation governance effectively. Through the revision of laws and regulations and establishing appropriate close bank-enterprise relationships, banks can as independent external financier of the oversight functions.