Study On Legal Issues Of Corporate Governance Of State-owned Commercial Bank

The reform of state-owned commercial bank has entered a more different and challenging phase. As the macroscopic system constructing successively, the microcosmic corporate governance of state-owned commercial bank becomes a focal point in current reform. In fact, the issue of corporate governance of state-owned commercial bank is inevitable in the course of the transformation from specialized to commercialized bank. Though various factors effect the improvement of corporate governance of state-owned commercial bank, law remains the most important. Therefore, it has practical significance to investigate the status of corporate governance of state-owned commercial bank and seek feasible legal strategy.On the base of analyzing practical obstacles of state-owned commercial banks reform, the article provides corresponding suggestions. The main idea logic structure of this thesis:In the first chapter, it elaborates the meaning and the characteristic of corporate governance, also talks about the particularity of corporate governance of state-owned commercial bank. In the second chapter, it analyzes the traditional corporate governance of state-owned commercial bank and the principle of supreme shareholder, considers that the pattern is advanced in specifying the personified equity subject, compared with the specialized bank before the reform. But the pattern based on unilateral governance of government factors without effectively supervision, which is incomplete. In the light of that the defective structure can not promote the optimization of the corporate governance; author proposes the idea of stake holder co-governance, which leading following discussion. The third chapter discusses several main legal matters of corporate governance of state-owned commercial bank, and remark on the action of China Construction Bank has taken to improve the corporate governance. The fourth part talks about the modern corporate governance types and the experiences of foreign commercial banks in order to benefit from those experiences; The last part puts forward the idea of perfecting corporate governance of state-owned commercial bank, which, establishes the co-governance of stakeholder, takes into consideration both the internal and external aspect. The internal governance includes sound board of directors and board of supervisor mechanism, performance-based encouragement mechanism, sound information discourse mechanism, the localization of the role of party committee. The external aspect includes, strengthening the legal construction of financial, improving the effectiveness of banking supervision, enhancing the function of media and the tax. The corporate governance of state-owned commercial bank should also suitably emphasize the social responsibility.