Company Organization, Legislation To Improve

Company's organizational structure is not only the embodiment of and guarantee for the system of a company's existence and operation, but also the essential condition for a company to become a organization of legal person and the foundation for a company to realize its effective governance. The establishment quality of a company's organizational structure holds the balance of a company's existence and development. The current Company Law of China has used for reference much experience of other countries and international customary practice for the establishment of company1 s organizational structure and mode of the organizational system, which have played a positive role in the development of the socialist modernization and the modern enterprise system of our country. But because of historical reasons, there are still a lot of defects and deficiencies on the structure of company's organization in the Company Law of our country, and with the process of the modern enterprise system reform of our country and practice of the past ten years of the Law , these defects and deficiencies are becoming outstanding, the reform and improvement of the current company's organizational structure is imperative.This thesis attempts, through the analysis of the connotations, the characters and the setup principles of company organization which occupys a key position in the modern enterprise system , to reveal the existing defects and deficiencies of company organization and the company organization system stipulated in the current Company Law of our country with the comparison between the course of modern enterprise system and the present situation of company organization and company organization system stipulatedin the current company law of our country and the more advanced and riper organization mode of other countries, and to put forward the writer's view of legislative improvement of China's company organizational structure and his legal ideas.This thesis of about 30,000 words, is made up of three parts.Part One: In this part of the thesis, the writer has, through reviewing the basic issues of company organization, expounded the connotations, the characters and the setup principles of company organization as the core of modern enterprise system and corporate governance structure, and analysed the world current mode of company organizational structure, the important function of company organizational structure in a company's operation and effective governance and the close relationship between company organization and company organizational system, and has also analysed the current Company Law of China about company organization and company organizational system to provide a bedrock for further analysing and studying the deficiencies and the improvement of company organization and company organizational system stipulated in the current Company Law of our country in the following two parts.Part Two: In this part of the thesis, the writer has, through an objective investigation of the development course of enterprise system of legal person and the formulation background of the current Company Law of of our country, and the objective analysis of the present organizations of the three different types of companies of joint stock limited company, limited liability company and wholly state-owned company, and a comparison with the legislative experience and mode of foreign countries , pointed out the existing defects and deficiencies of the company organizational structure stipulated in the current Company Law of our country, for example:The board of supervisors and the board of directors are equal in position and both are responsible for the shareholders' meeting separately, so the board of supervisors performs practically no function, the stipulation of organization form for limited liability company is too rigid, and the organizational structures of both limited liability company and joint stock limited company are approximately the same, etc., and has put forward pointedly his concrete legislative thinking of improv...