The Research On Perfection Of The Board Of Supervisors System Of National State-Owned Exclusive Company

Since the establishment in Dutch East India Company in 1602, the board of supervisors has went across a history 0f more than four hundred years, it is an important part of the system which checks and balances among the 0fficial organs in the company, and it is also a guarantee for the company to develop healthily and steadily. State-owned Exclusive Company (SOEC) is a new organization form which was designed for the large and medium-sized state owned enterprises to reform by the new company law. As a sign of China's state-owned enterprise system innovation, SOEC is different form the common company; it has its own characteristic of the property right design, and this characteristic has a profound effect on the SOEC's board of supervisors system and creates some problems, for example, the absence of the owner of the company assets creates an inherent deficiency of the system. The study of these problems will be beneficial to the improvement of the company law theory and the practice of the establishment of a modern corporate structure. Based on these objectives, this paper is from the perspective of the improvement of the SOEC's board of supervisors system; analyzes the influence on the SOEC's board of supervisors system made by the special property rights system and the problems in the present SOEC's board of supervisors system. On the basis of comparing and drawing on system of some civil law countries and considering the circumstances of china, this paper puts forward some countermeasures and suggestion to improve the SOEC's board of supervisors system.The paper is divided into 3 parts, as followings:The first part is"summary of the SOEC's board of supervisors system". This part introduces the history origin, present legislation situation and main content of SOEC's board of supervisors system; analyzes the necessity of the establishment of the SOEC's board of supervisors system.The second part is"defects and cause analysis of the SOEC's board of supervisors system". The mainly defects are the unreasonable elective system and structure of supervisors, the too small authority and imperfect working mode of board of supervisors system, the unclear liability of the supervisors and imperfect encourage style. For these reasons for the occurrence of these defects, this part analyzes from such respects as concept and theory, system and legislation.The third part is"advices of improving the SOEC's board of supervisors system". On the basis of comparing and drawing on system of some civil law countries and considering the circumstances of china, this part puts forward some countermeasure and suggestions to improve the problems mentioned in the second part of the SOEC's board of supervisors system.