On Model Of Creditors' Participation In Corporate Governance

Domestic scholars have done a lot of discussion about the issue of creditors in corporate governance, but so far the issue of corporate governance in national legislation have not been resolved, as an important stakeholder, the interest of the creditor has been badly harmed, especially in the rampant backdrop of the financial crisis in world, banks are facing huge financial pressure. And in balancing the interests of the main company, the Company Law shows the distribution imbalance of creditor rights. In our country, bank is the most important creditors undoubtedly. How creditors, particularly bank creditors, play a supervision of company governance role in its normal operations or when in trouble, making the company entered the track of healthy development, protecting the interests of creditors, becomes a major problem of this study.This article is divided into four parts:The first part focuses on the main theoretical basis of the creditors' participation in corporate governance. Beginning with the creditors and basic theory of corporate governance approach, this part respectively, listed several mainstream of domestic related theories. By comparing we obtained the scope of creditors, analyzed the limitations of shareholder supremacy and the breakthrough of stakeholder theory, and demonstrated the corresponding adjustments to the traditional model of corporate governance, to determine the main object of discussion, as well as the significance of creditors in corporate governance.The second part is devoted to the United States and Britain, Germany, Japan on the issue of creditors in corporate governance systems of different options, mainly from each country's characteristics of governance models, the causes and ways of creditors in corporate governance. On the basis of analysis, our country can learn from these experiences.The third part mainly analyzes the status of bank creditors in corporate governance, presents the normal ways of bank creditors in corporate governance in our country, the main banking system, as well as the legal basis for participation in governance, analyzing their advantages and disadvantages simply. At the same time, we set forth the lack of creditors in corporate governance, in particular the one of bank in corporate governance. It is necessary to be a breakthrough from the system.The forth part sets out to build some of participation of creditors in corporate governance systems, including improving information disclosure system of related companies; to establish the bank supervisory mechanism of bond financing and equity financing; in response to the current financial crisis, to establish financed system of bank creditors; establishment of banks involved in the board of directors and the board of supervisors ; creditors congress system; director responsibility system. At the same time, improving the participation of creditors in corporate governance system also needs to reform the banks and other financial institutions, and the external environment such as a mature market economy.