Research On The Institution Of German Corporation's Co-decision

German Corporation's Co-decision Institution is a feature of German laws. It allows the representatives of employees to participate in the board of supervisors and the board of directors and fulfill the tasks of the two boards which are stipulated in Company Law along with the representatives of stockholders, aiming at balancing the interests between shareholders and employees in the company. Germany was the best one to deal with labor-management relationship after the Second World War and German Corporation's Co-decision Institution has made a great contribution. In China, Employee Participation Institution has a profound institutional basis. With the reform on the market economic system and the establishment of modern enterprise system, Company Law reforms on the Employee Participation Instituion in the planned economic system, stipulates the Institution of employee supervisers and employee director, which has an important significance for protecting the lawful rights and interests of employees and promoting harmonious labor-management relationship. However, there are still some defects in this Institution. As for the defects, the suggestions have been put forward to perfect this Institution based on drawing experience from German laws.The paper includes introduction, text and conclusion. Text contains six chapters.Introduction mainly introduces the topic background and meaning of the paper, the current research situation at home and abroad, and the research methods mainly adopted in the paper.Chapter I defines the concept of the German's Corporation Co-decision Institution and the status in the democracy management of enterprises. Then it scientifically researches the law system of this Institution, including the proportion, rights and obligations of employee representatives, and its operation mode in each law.Chapter II and Chapter III are parts of basic theory. Chapter II studies the original and historical development of German Corporation's Co-decision Institution. Firstly, it studies the social thoughts from the 19th to 20th century, which played an important role in the emergence of the German Corporation's Co-decision Institution and investigates the reasons of the emergence from the thought level. Afterwards, from the political level it researches how this Institution germinated, developed and improved in legislation from the mid 19th century to 20th century, and the tremendous pushing effects of Labor Union in the process. Chapter III proves the theoretical basis of the German Corporation's Co-decision Institution. It demonstrates the existing justice of this Institution respectively from the theory of economic democracy, theory of power control, self-determination thought and equal relationship between capital and labor.Chapter IV and Chapter V discuss the disputes and corresponding solutions of the German Corporation's Co-decision Institution. This Institution implants a new element into the company's organization, changing the traditional and shareholder-controlled organization. This System is also faced with disputes in Germany. The two chapters analyze the disputes of this Institution from the angles of the Constitution and Company Law, and put forward suggestions of further improvement. Chapter VI comprehensively appraises this Institution on the basis of above demonstration.Chapter VII firstly studies the Employee Participation Institution in China, discusses its realistic significance, then analyzes its existing defects and brings forward proposals of further improvement.The conclusion precisely sums up the discussions of whole paper, claries the author's views on the German Corporation's Co-decision Instituion and proposes that improvement should be done for the Employee Participation Institution in China.