Study Of Our Employees To Participate In Corporate Governance, Legal System

[Research Background] Since the end of 1970s, enterprise reform has been the centerpiece of economic reform of China, and the government has taken tremendous steps to achieve the reform by series of policies. Through share and manegment authority transfers in enterprises, reform of management and contract policies, and shareholder reforms, 15th congress again introduced a new policy, Transparent Property Ownership, Clear Indication of Responsibility, Separation of Government and Enterprise, and Scientific Management, to establish the system of modern enterprise. However, it has been years that the theory analysis in Chinese enterprise reform is focused on property ownership and management authority of an enterprise. Enhanting.As the basic production element, key resources of society, fundamental element of an enterprise structure, have been ignored.Chinese laws state clearly that the state assures the master position of workers in a company, and the democractic management right of workers to abide by state laws, regulations, and company regulations, is protected by laws. However, the opinion of master postiong of workers in a company is disappearing by and by, and the definition of employment is being enhanced.At the same time, through the western countries, the economic growth of fundamental capitalism has been challenged. Under the new economic situations, knowledeg, technology, innovation, management skills, and so on, have been playing important roles in the operations of an enterprise, and knowledge development and the innovations of technologies and management cannot proceed without the element, People. Under the new economic situations, knowledeg, technology, innovation, management skills, and so on, have been playing important roles in the operations of an enterprise, and knowledge development and the innovations of technologies and management cannot proceed without the element, People.[Research Purpose] Following globalization, China's entry in WTO;Chinese enterprise reform, and large quanity of foreign investment coming into China, the lack of workers' enrollment in enterprise management has been revealed. For example, in management systems, such as worker director system and worker inspecting director syetem, worker's enrollment in management has not been clearly stated by means of management level or percentage of enrollment. However, the percentage of state-owned shares in enterprises have been declining, and the defects of autocrazy of shareholdershave appeared. As a result, the limitation of worker enrollment in management in such systems have been exposed clearly.[Research Significance and Methodology] Enterprise regulations regualte the roles of workers' enrollment in management, and Worerks Laws protect the workers rights. The two cannot be mixed, but they are related as well. Clearly stating the role of workers' management in Enterprise Regulations is not only enthical but also the need of production and the need of enterprise development.The increasing role of manpower asset, workers' knowledge and skills, are as important as the material assets provided by shareholders. Worker will have the motivation and the ability to get involved in company's management.In China, the system of ownership has been changed, but only the expression of workers management has been changed. The fundamental status of workers have not been changed. In non state-owned sectors, the way to present the status of worker is to let them involve in company's management. Legislation should look into the future. While the government is amending Enterprise Regulations, the thorough and detailed analysis in worker's enrollment in management is theoretically and practically significant.The research of this thesis is carried out based on the analysis of comparison and case studies to look for the basic methodology of Chinese worker's enrollment in management rationally and effectively, and then to raise corresponding suggestions for legislations.[Structures] This thesis has five chapters. The first chapter analyzes the basic theories of workers' enrollment in enterprise management;the second chapter discusses the significance and the causes of the enrollment;the third chapter discusses the theories and pracises of the enrollment;the fourth chapter analyzes the case studies of the enrollment in enterprises that are listed on stock market;the fifth chapter discusses the basic form and the complettion of legislation for the enrollment.[Research Conclusion] Chinese Enterprise Regulations list restrictions on the workers' rights of knowing and enrollment, and these result in that workers cannot enroll in management and authority above the level of investors.This theisis is abided to the above principle. Based on workers' representative congress as the main form, the mergenece of worker's representative congress and the congress of shareholding workers, and through workers' entry into the board of directors and the board of inspectors, the management power/authoriry is to be rationally balanced among departments within an enterprise and restrict each other so that the management efficiency will be increased. Asa result, the system of workers' enrollment in management at multiple levels can be structured and plotted.The author believes that a complete system of management in an enterprise should be formed by internal management and external management, which can be connected by property ownership and market. Based on the methodology of worker's enrollment in management, designed by the thesis, workers can entre into the board of directors and the board of inspectors through the company's traditional internal management (company management structure);in addition, through the external management system of labour maket, worker can also get into company's management by democratic ways such as representative congress and union;shareholding workers' enrollment in management is the other important method of worker's enrollment in management.In China, worker's enrollment in management is not only the analysis subject of the reform of state-owned enterprises, but also the subject of reform of other non state-owned enterprises. This thesis carries out the analysis of workers' enrollment in management in order to promote the completion of such enrollment in the amendment of Enterprise Regualtions and related laws and regulations, and therefore, Chinese modern enterprise management system will be able to be globalized and match the international standards.