Research On The System Of The Board Of Supervisor In China

Company has become a perpetual phenomenon in the social and economical life since the social mass production develops up to now. Meanwhile the separation between the ownership and power of management promotes the efficiency of the company's operation; it also brings about the problem of the supervision to the company's management. Though Anglo-American legal system and continental legal system has different opinions and corresponding modes toward this, yet they are based under the principle of the division of the power and checks and balance. The system of board of supervisors in China was originally emerged from the German mode in the continental legal system, later independent trustee system in the Anglo-American legal system was borrowed because of the failure of the application of the board of supervisors in an attempt to correspond to the chaos in the management of the negotiable securities market in the 1990s.From the lawful perspective of the growth of the board of supervisors and through the analysis of the board of supervisors, this paper is to borrow the experience of the board of supervisors in Italy, Japan and Germany and learn from the existing problems in the board of supervisors in China, and therefore put forward some suggestions to the improvement of the board of supervisors in China hoping that they are helpful to the company governance in China. The paper is consisted of five chapters. The first chapter mainly focuses on the basis of the board of supervisors and the inevitability of the implementation of the board of supervisors in China. The second chapter specifically delves into the fundamental issues of the board of supervisors, including the relationship between board of supervisors and the company, the power and duty of the board of supervisors and the appointment of the board of supervisors. The third chapter introduces the features of the board of supervisors in Italy, Japan,Germany and France in order to give lessons to the application of the board of supervisors system in China. The fourth chapter discusses the some problems in the system of the board of supervisors in China and the reformation to the board of supervisors in China. The fifth will, based on the previous four chapters, propose the suggestions to the improvement of the board of supervisors from six angles toward some crux of the system of board of supervisors.In recent years, company governance is very hot in the academia and has brought about the controversy in the choice of the supervision mechanism in the company. The introduction of the dependent trustee has an impact on the system of board of supervisors in China. Though the discussion about the system of board of supervisors has been made by many scholars, yet the author is good at analyzing the system of board of supervisors among the staff and the introduction of dependent supervisors, which are quite remarkable in the thesis. Apart from this, learning from the working experience, the author makes suggestions that the establishment of the system of board of supervisors is determined by the small company itself, which is also novel and could draw great attention from more and more people.