A Study On The Legal Problems Of Corporate Governance In China

With the rapid development of economic globalization, the company in the worldis playing an increasingly important role in the economic life, even some enterprisesof the financial world than some small African countries. As a result, corporategovernance has become the focus of international attention. Perfect the corporategovernance structure is the basic content, improve the corporate governance is thecore of the construction of modern enterprise system, deepen the reform of enterpriseis top priority. At the same time, optimize the equity structure is the basis ofperfecting the corporate governance structure, is the precondition of effectivecorporate governance structure. In this paper, on the basis of predecessors’ research tothe listed company ownership structure as the breakthrough point, the corporategovernance structure and ownership structure of the related basic theory has carriedon the detailed elaboration, and in the major developed countries abroad companyownership structure and governance structure mode comparative analysis, in order tooptimize the ownership structure in our country, and then improve the corporategovernance structure in order to provide the theoretical reference. Bold articleanalyzes our country state-owned shares in the ownership structure of listedcompanies "a dominant" problem: after the equity division reform still haven’t beensolved thoroughly, highly centralized equity lead to corporate governance structure ofstate-owned shares in insider control and owner absence, infringement of rights andinterests of minority shareholders, shareholders equity concentration further cause thecompany governance structure of state-owned shares, such as the board of directors,the lack of the independence of the board of supervisors, company organizationcontrolled by large shareholders and difficult to play its proper governance functions.As a result, proposed the reduction of state-owned shares and build a diversifiedinvestment subject as optimizing equity structure; Aiming at existing in the corporategovernance structure of the company business management incentive and constraint mechanism is not sound, the cumulative voting system designed to fail, theindependent director system and board of supervisors problems such as rights conflict,the weakening function of the board of supervisors, put forward the thought ofoptimizing corporate governance structure in China and countermeasures andSuggestions to perfect the corporate governance structure in our country.