Research On The Supervisory Mechanism Of The Supervisory Committee Of China 's Stock Company Limited

As a statutory supervisory body, the Supervisory Board of the company doesn’t play its institutional. So the research on the system of the Supervisory Board has always been the focus of the legislators. It is common for company board of supervisors’system research and literature, but more research is carried out for the whole Supervisory and combined with the 93 and 05 years before and after the revision of the company law. It is a new perspective for the Supervisory Board of Supervisory System for the Advance Supervision Board.In view of this, this thesis studies the advance supervision problem of the AG Supervisory Board, and does the research of the company advance supervision on issues which are related to the legal issues more in-depth and systematic. Advance supervision as a supervisory mode of the Supervisory Board, focus on prevention, therefore has its own characteristics and importance. The main layout of this paper is:The first chapter is about the Supervisory Board and the Advance Supervision Board. Advance Supervision based on the board of supervisors system, also the right is impossible without the background board of supervisors system. This chapter firstly introduces the concept and the theoretical basis of the board of supervisors system. Secondly, as a kind of supervision mode, the board of supervisors system is mostly used in the countries of continental law system. Germany and Japan are the representative countries. Especially in Germany, the development of the board of supervisors system is more perfect and mature. This part chooses to introduce the mode of the supervisory board of this two countries leading to the board of supervisors in our country. Finally, in the perspective of the concept significance and scope of the advance supervision talking about the importance of advance supervision.The second chapter mainly introduces the present situation of the advance supervision of the Supervisors Board in China. From before legislation to the 05year company law amendment, in advance supervision, the relevant legislation and the operation situation all have changed. The advance supervision of the Supervisors Board is entrusted by the company law, from the summary of the provisions to the detailed provisions. All of these reflect the strengthening of the advance supervision function. Meanwhile, this part also introduces the existing problems in the operation of the advance supervision mechanism. Through the analysis of these problems, this article puts forward specific suggestions in part four.In the third chapter, through the analysis of the advance supervision mechanism of Germany and Japan, it is revealed that we can get inspiration from the two countries. The characteristics of advance supervision in Germany are that supervisor has the right to approve the appointment and removal of directors. The characteristics of advance supervision in Japan are that supervisor has the right to request the directors and senior management to stop the illegal acts.The fourth chapter is to improve the advance supervision mechanism of the Supervisors Board in our country as the main content. Combined with the contents of the third chapter, put forward the feasible suggestions.