Research On Commercial Bank's Participation In Corporate Governance In China

As the change of corporate governance concept, the idea that the corporate governance is only for its shareholder's benefit has been changed to the idea that the corporate governance is also influence the interest of its extensive stakeholders, and the modern company consists of all the parties who give contributions to the company including but not limited to its shareholder, its creditor and its staffs and workers. Whereas the relationship between the commercial bank in China, which is the company's biggest creditor and the company, it is necessary for China to establish and improve its legal system so as to facilitate the commercial bank to participate in the obligor's corporate governance. In this regard, the thesis focuses on some relevant issues regarding commercial bank's participation in corporate governance in China.There are three chapters of this thesis, the first chapter focus on discussing the theoretic and practical bases, the necessity and feasibility of the commercial bank to participate in corporate governance.The second chapter discusses the current situation and legal objection for the commercial bank to participate in corporate governance. In conclusion, the current legal system such as main bank system, bankruptcy system didn't have positive effect on improving the corporate governance of the debtor and protecting the creditor's legal rights.The third chapter compares the Legal structure between Continental Law System and Common Law System and concludes that we shall, based on Chinese situation, form our own legal system regarding the commercial bank's participation in corporate governance. Finally, this chapter puts forward some legal suggestions for the commercial bank on how to strength its function in participating in corporate governance.