A Study On The Legal Issues Of The Employee Supervisors' System

The system of employee supervisors is the practical response to the human capital theory and stakeholder theory. It is very important to improve the structure of corporate governance and the protection of employees'legal interests. But in reality, its operation is not good enough; some scholars even propose that the system of employee supervisors should be abolished. Under this background, many scholars have paid attention to this practical problem, however, from the perspective of legal text. The thesis believes that it is understandable to construct the reasonable and operational system of employee supervisors, but it would bring no good to improve this sysytem if we limit our thoughts within this. Thus, this thesis holds that in order to improve the effectiveness of this system, it is extremely important to find and breed other systems which affect the employee supervisors.The aim of this paper is firstly, to explore the causes of the ineffectiveness of the system under the current legal framework. Secondly, this paper tries to examine other factors which affect the system. Thirdly, this paper attempts to propose a new model for improving the system of employee supervisors with the reference to other countries'success experiences and the Chinese unique legal cultural traditions and the current country's basic conditions.This article employs the methodology of comparative, historical and legal economical. In addition, this article tries to provide a new perspective to improve the system of employee's supervisors under the examination of the current operational difficulties and causes of this system.This article is divided into three parts. The first part is the introduction of the current system of employee supervisors. This part tries to explore the deep reasons of the different modules developed by different countries with the focus on the different countries'historical development, which might provide a new thought to improve China's employee supervisors'system. The second part focuses on the China's current situation and examines the legal causes of the operational problems in practice. The third part is the core part of this article which aims to offer a new perspective to perfect the system. This article maintains that in order to improve the effectiveness of the employee supervisors'system, except improving the legislative technique and the operation, the construction of complementary factors outside the system is also essential. Firstly, it is very important to emphasize the cultivation of commercial culture and the development of employee supervisors'system. Secondly, this article believes that the interaction with the courts should be emphasized and thus turns it into practical. In addition, in order to provide a perfect platform for the operation of this system, the structure of corporate governance should be improved and the effectiveness of the board of supervisors should also be advanced. This article also holds that only all of these factors which affect the operation of this system are coordinated; the practical performance of employee supervisors'system could be improved.