Corporate Governance In China's Legal System Building And Innovation,

The theme on corporate governance is the common focus of international society. The international trend to studying corporate governance has been developed. Firstly, from the stations of internal and external corporate governance, this thesis generalizes the legislative status quo. and points out that it is necessary for China to innovate corporate governance law system on basis of the global context. Then, the thesis analyzes the legal principles, which guides the healthy development of the corporate governance, and discusses the legislative patterns which are suitable for the development or China's company system. Finally, drawing from the advanced foreign legislative experiences, corresponding with China's actual situations, the thesis designs the corporate governance legal system separately from internal and external corporate governance.The studying methods of this thesis include comparative analyzed method, the system analyzed method, and so on. From the point of law science, focusing on the reform of China's company and other relative legislations, this thesis has a comprehensive analysis of the legislation and experiences of China's corporate governance from the new point.The corporate governance legal system constructing is a large and systemic project, which corresponds the interest balance mechanism relationships of all kinds of the company's stakeholders. When constructing the corporate governance legal system, above all, China must definitude the legal principles, which guides the healthy development of the corporate governance, seeking the legislative patterns of the corporate governance, i.s, the legislation shoulcfpermit the company to choose between 'The single pattern" relayed on the Independent Director system and "the double pattern" relayed on the Supervisor Board system.When constructing the internal corporate governance legal system, it is pivotal to improve the General Meeting system, the Board of Directors system and the Supervisor Board system, so as to resolve the mechanism of balance between the General Meeting and the Board of Directors, between the holding shareholders and common shareholders, between the independent director and the executed director within the Board of Directors, between the Board of Directors and the Supervisor Board, and in order to intensify the liabilities and duties of the directors and the protection of shareholder's rights. When constructing the external corporate governance legal system, China should establish the company's social responsibility system. Meanwhile, China should learn from the advance experiences of foreign countries, enhance the openness and transparency and the listed company s information to establish strict information disclosure system. At the same time when perfecting the legislative system, it's necessary to start up juridical practice, in order to improve the procedures legal system of the corporate governance, which makes the corporate governance legislations more opera table and flexible.