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Ag Supervisory Authority Set Up The Legal Issues

Posted on:2003-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:T X PengFull Text:PDF
GTID:2206360065461984Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of the system of corporation, the joint-stock company's features have increasingly been distinct. The separate phenomenon of the rights of ownership and management has taken place, and the control of joint-stock company has converted from the shareholders to the managing organ. As a result, the owners of companies have much difficulty to supervise the increasingly stronger managing organ. Therefore, it is becoming the goal of many countries' reforming the company law to establish the independent legal status of supervisory organ, to strengthen the supervision of managing organ, to regulate the structure of powers, to seek for " separation-check and balance of power" style of governance structure of corporate. Therefore, it is necessary to establish and improve the supervisory institution.Utilizing the study method of comparative law, this dissertation try to seek for the reasonable means to perfect the establishment of the supervisory organ and improve the supervision of the managing organ, by probing into many legal problems of the establishment of the supervisory organ of the joint-stock company. On the basis of using successful foreign legislation for reference, the dissertation point out the defects of the establishment of the supervisory organ of China's joint-stock company, and at the meantime, the dissertation point out how to improve the establishment of the supervisory orgaa This dissertation is divided into four parts.In part one, the basic theories of establishing the supervisory organ is discussed. The dissertation mainly inquire into the necessary and reasonable factors of establishing the supervisory organ. Owing to the separation of the rights of ownership and management, managing organ must be supervised properly to insure the justice, legality, stability and efficiency of operation and to fulfil the comprehensive goal of the company, taking account of the supervision of managing right and the safety of capital operation and protecting the interest of investor and decreasing the agency cost. Therefore, the establishment of supervisory organ is a necessary legal system. At the meantime, in order to reasonably establish supervisory organ and fully exert its supervisory efficiency, ensuring the independent legal status of supervisory organ, establishing full and feasible powers, establishing the reasonable mechanism of stimulation and check and balance, giving consideration to both the efficiency of operation of the company and the establishment of the supervisory organ and taking flexible supervisory system in accordance with different kinds of joint-stock companies must be taken accountIn part two, the comparative analysis of the model of establishing supervisory organ is discussed. The dissertation mainly compare the different supervisory models and point out that different countries choice different supervisory models to exert special supervisory function because of the specific social history background and the legal atmosphere. The dissertation analysis why and why not the countries of the continent legal system and the Anglo-Saxon legal systemestablished independent supervisory organ, and point out the racial reasons might be specific outside supervisory system, structure of share rights, restrict of creditor's rights and lawsuit system. At the meantime, the dissertation simply analysis the reasons why China choose the continent legal system and point out the necessity of China's establishing independent supervisory organ.In part three, the successful legislation of the establishment of the members of supervisory organ of the continent legal system and the Anglo-Saxon legal system is discussed. The dissertation has it that only ensure the strong supervisory motive of the impelling mechanism and the independent legal status of the members of supervisory organ at the aspects of the qualification, formation of its members and scheme of appointment and removal can exert the supervisory efficiency. At the meantime, the dissertation point out some suggestions...
Keywords/Search Tags:joint-stock company, supervisory organ, establishment
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