Research On The System Of Employee Supervisor Of China

Under the modern corporate governance system, employees exercise their participation right primarily through the systems of employee directors, employee supervisors, labor and capital co-determination, and employee stock ownership plans. In a special economic period, China theoretically shouts its support for the implementation of employees'participation system, but due to the lack of social fundamental condition, the system of employee supervisor as a way of employees'participation under the modern corporate governance system is enforced in the corporations having employee supervisors, and employee director system is enforced in some state-owned corporations only. Although the the system of employee supervisor is the core system of realizing employees'participation right under the current law system, it has not been systematically and intensively studied by theorists. Indeed, the system of employee supervisor was first introduced in"regulatory opinions on company limited by shares"in 1992, , and therefore it has a history of 18 years. But the operational condition and result of this system still lack corresponding attention. Therefore, the author combines theoretical study with empirical investigation, selects component stock corporations of Shanghai Stock 50 index as subjects to investigate the operational condition and effectiveness of the system of employee supervisor and analyzes the limitations of the system of employee supervisor and the causes for such limitations in China after a comprehensive study of the legislation of employee supervisor among all departments,cities and provinces. At the same time, in view of the one sideness of the theory construction of employee participation system, the author rearranges and reshapes the theorital basis of the system of employee supervisor and reconstructs the value of this system. At last, by combining theoretical research with empirical findings, the author raises specific suggestions on reform approaches and legislation to perfect the system of employee supervisor.Apart from introduction and conclusion, this paper is divided into five parts,and the content is summarised as follows. Part one :Legislation course and system expectation of employee surporvisor system. The author first analyses the limitations of employees'participation system with the System of Worker's Congress as its core during the planed economy period, explains the legislation background of the introduction of the system of employee supervisor, points out its inevitability as the core employees'participation system and at last studies the theorists'value expectation of the system of employee supervisor.Part two :Empirical investigation of the present situation of the system of employee supervisor. Selecting component stock corporations of Shanghai Stock 50 index as subjects, the author starts the survey in all aspects such as number, proportion, academic qualification, knowledge background, professional experience, performance, and stock ownership of employee supervisors to analyze the overall strength, ability and independence of exercising rights of the system of employee supervisor through the use of empirical data.Part three: Realistic problems and cause analysis. The author first summarizes and analyzes the results of the empirical invesitigation and then profoundly analyzes the causes of the limitations of the system of employee supervisor presented in the empiracal findings, which is bases on a comprehensive investigation of the legislation of employee surporvisor among all departments, cities and provinces.Part four :Theoretical integration, reconstruction of the value and system coordination. The author integrates and reconstructs the related basic theory of the system of employee supervisor and reshapes the value of this system from the perspective of the responses of legislation. And the author also analyzes the coordination on system operation and system function of the system of employee supervisor and its related systems from the prospective of the realization of system value.Part five :Rule perfection of the the system of employee supervisor in China. Under the guidance of the above theoritical analysis, the author draws lessons from rational rules of overseas advanced legislation and independent director system, selects some constructive suggestions on legistilations among all cities and provinces, and puts forward legislative suggestions and revision approaches in all aspects such as selection and designation system, authority system, responsibility and obligation system, incensive system, supervision system and system guarantee.