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Research On The Legal System Of The Appointment, Dismissal And Evaluation Of Directors In Wholly State-Owned Companies

Posted on:2010-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2166360272493277Subject:Economic Law
Abstract/Summary:PDF Full Text Request
After the start of the reform of management system of the state-owned assets in 2004, many state-owned enterprises adopt the form of wholly state-owned companies and the operation of many companies is related to the lifeline of national economy and social stability. In accordance with the relevant provisions of "Company Law", the board of directors exercises the core rights of the company, so the construction of the board is the key to strengthen the supervision of state-owned assets and optimize the governance of wholly state-owned companies. " State-owned Assets of Enterprise Law" sets up the structure of "weak shareholders, strong board of directors", and in that structure the stimulating and binding system of the directors is a very important part of the governance of the wholly state-owned company. Appointment , dismissal and evaluation of the directors of wholly state-owned companies has an important position in the stimulating and binding system, so it should be put into the scope of the law.The paper is divided into three chapters. The first chapter, first of all, through expounding the stimulating and binding system of directors plays an unique role in the wholly state-owned companies and analyzing the means which can be used , finds the appointment , dismissal and evaluation system of directors plays a vital role in the stimulating and binding system of directors in wholly state-owned companies; and then respectively analyzes the role of the appointment, dismissal and evaluation of the directors in stimulating and binding the directors; finally demonstrates the rationality of putting the appointment , dismissal and evaluation of directors into law. Chapter 2 and Chapter 3 respectively criticize the shortcomings of the existing appointment and dismissal system and evaluation system of the directors in wholly state-owned companies and analyze the hazards of these defects, then on that basis, make some suggestions on improving the existing system in the view of the entities and procedures.Chapter 2 first points out that the existing system of appointment and dismissal of directors in the wholly state-owned companies has a lot of problems : exercising the right of the appointment and dismissal lacks the uniformity, the standard of appointment and dismissal is not scientific enough, the procedure for the appointment and dismissal is not reasonable. To address these issues, Chapter 2 perfects the appointment and dismissal system of directors in wholly state-owned companies from the three aspects: exercising the right of the appointment and dismissal specializationally, perfecting the standard of the appointment and dismissal ,and establishing procedure for the appointment and dismissal scientifically .Chapter 3 then points out that the current evaluation system of the directors which combines with the system of appointment and dismissal also has obvious drawbacks: a single application form of the results of evaluation, unscientific evaluation standard, unscientifically designment of the assessment project, unfit to evaluate the directors. To address these issues, Chapter 3 perfects the evaluation system of directors in wholly state-owned companies from the three aspects: putting the means of evaluation into the rule of law, scientizing the standard of evaluation, improving the procedure for assessment and evaluation.As a thesis of law, it mainly focuses on the improvement in the system and rarely touches upon the institutional issues involved in it.
Keywords/Search Tags:wholly state-owned companies, corporation governance, director, supervision and government of state-owned assets
PDF Full Text Request
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