A Study On The Legal System Of Appointment And Appointment Of Supervisors In Chinese Company Law

For the procedural problems of worker supervisors, such as election, supervise,recall, current "company law" of China did not rule clearly, so there are manyproblems during The worker supervisors system is used in the real, that evencause contradiction between the internal departments. So it is extremelynecessary and urgent to improve the law system of election and recall ofemployee supervisors.For the selection system of worker supervisors, firstly, Should make clear thematerial conditions for the selection of worker supervisors. For the essentialconditions, we should safeguard the interests of all parties and balance the actualdifference between each subject. In addition, it is always the principle that thepurpose that the worker supervisors system was established for can be realized.For the rights of making the electoral procedure, it should be recovered from thecompany’s articles of association in the company law of our country, at least weshould confirm the direction for the establishment of the electoral proceduremore clearly. In addition, we need to perfect the election results announcedprogram, and improve the supervision of that. Also, we should indicate the wayto settle the dispute for the parties who have objection.For the supervision of workers supervisors, supervised scope should includedworker supervisors duties both as the ordinary supervisors and therepresentatives of workers. The parties who can supervise the workersupervisors include the main shareholders and employees, but the means ofsupervision and the degree is not all the same, the time of supervision should bestarted in the start of election, and finished when one loses the position. But theonly part that can start the mechanism investigating accountability is tradeunion. For the responsibility problems, the judgment should be made dependingon the behavior of worker supervisors, and the expression is from their own ornot.For the recall of supervisors, the parties who can recall the worker supervisorsinclude the main shareholders and employees, but only the worker union hasright to start the recall procedure, recall reason should included legal recallreasons that worker supervisors both as the ordinary supervisors and therepresentatives of workers. For the voting of recall proposal, when the votingis more than half of all delegates, recall is successful. After the recall, theby-election should be done within a certain period of time.