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The Study Of Leagal Issues About Stakeholders Participating In Coporate Governace

Posted on:2009-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166360245494757Subject:Law
Abstract/Summary:PDF Full Text Request
The corporation is a product of socio-economic development to a certain stage, with its profit for the purpose and plays an important role on the socio-economic development. In modern society, the corporation has become a basic subject of the market, and a most important economic strength. With its increase of economic strength, however, the corporation's negative impact in socio-economic development is also increasing, such like interests of employees , issues of environmental pollution, consumer fraud, and infringement of the legal rights . These social issues have begun to make social responsibility of corporation by widespread concern. As the focus of various interests bodies, the corporation shall pursue to maximize its shareholders' interests while take care of stakholders. Only in this case could the corporation accelerate its achievement and do better in the establishment of harmonious society and sustainable development. One of the outstanding points in the revised Companies Law of China is the regulation of Social Responsibility of Corporation in the General Provisions. With the development of the stakeholders theory ,people began to take care of the stakeholders interests. Many countries began to reform the constructer of the coporate,and pay attention to the stakeholders' co-governce.Article 5 of the coperate's law states that "In its operational activities, a company shall abide by laws and administrative regulations, observe social morals and commercial ethics, persist in honesty and good faith, accept supervision by the government and the public, and assume social responsibility." It alse states cluses of the employees and credaters legal rights However, the research on this topic is still very weak in China. In order to give an answer to the requirement of the modern society, named as " The study of leagal issues about stakeholders participating in coporate governace ", this thesis starts from the theory of this topic and gives a relative full discussion on the relevant problems of this topic.This article divided into four parts. In the first part of the arcle ,the auther indroduces the general theory of coporate governace .Firstly,the auther introduces the concept and the characteristics of corporate governace. Sceondly, the auther introduces the concept and the development of the stakeholders' co-governce theory.In the second part ,the auther indroduces the research of basic issues of stakehoulds,by the analysis of legal theory and realism of stakeholders theory, expatiates the important necessity and possibility of stakeholders attending corporation administration.In the third part of the article, the auther introduces different models of foreign corporate governance, which includes the situiation of the model of German corporate governce, and the Japanese corporate governce, and the American corporate governce.In the fourth part of the article is emphasis. Fistly, the author introduces the main difficult in our corporate governace on present. Secondly, the auther introduces comparism of different models of foreign corporate governace and the developing tendency of coporate governace at modern times. Thirdly, the auther introduces the researches on the current situation of legislation on stakeholders'theory of coporation. Then, the author points out the means that perfect our coporate governace base on the difficult in our coporate governace and its developing tendency. We should absorb advaced experiences of foreign courties and stand condition of our country so that we can really perfect our law system and make our economic develop.
Keywords/Search Tags:corporate govenance, stakeholders, stakeholders co-governce
PDF Full Text Request
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