Board Of Supervisors System Of Solely State-Owned Companies

China is a socialist state, the state-owned economy dominates in the national economy, which plays an important part to the fast and stable development of the national economy. As the backbone of the national economy, the state-owned enterprise is a manifestation of the state-owned economy. China now has formed a special economic system of its own since the reform and opening up. And one new type is state-owned company's capital, which revitalize the national enterprises and plays a very vital part in the process of reaching the achievement of national industrialization and modernization by developing social productivity. However, the form of state-owned company's capital has its particularity. For instance, it lacks the shareholders, which brings a series of problems of powers of supervision and restriction that is less reasonable and healthy than traditional companies.In order to ensure the state-owned asserts devoted into state-owned companies, to prevent the loss of state assets, China's state-owned companies are supervised and conducted a long-term exploration and reform, from the initial state authorized investment institution or department to send the board of supervisors, to the special inspection system, and the current state-owned assets supervision and administration agency to send the board of supervisors. Although the design of the monitoring system is gradually improving, but in practice, due to the changing economic environment, and its own organizational structure can not overcome the defects, the actual effect still remains to be raised, and more attention need to be paid to the shortcomings exposed in the system.This paper applies comparison, logical approach to the board of supervisors system of state-owned companies and foreign-related systems, according to China's national conditions, combined with our "Company Law" and "Provisional Regulations on the board of supervisors of state-owned enterprises" and other relevant laws and regulations, learning from the advanced experience abroad, to consummate the system, to consummate this system and propose some solutions to the lack of respect of the relevant legislative recommendations. The paper is divided into three parts to be discussed.In the first part of the paper, Board of Supervisors of State-owned companies were reviewed, including the concept of state-owned companies and legal features of the system state-owned company of the four stages of the board of supervisors, board of supervisors system of state-owned company's main content. This paper gives a positive affirmation to Board of Supervisors in improving on state-owned company's management structure and promoting the state-owned assets.The second part analyzes the existing state-owned company board of supervisors system defects, the board of supervisors system of state-owned companies mainly in the lack of current personnel structure is irrational, and there are the distribution of power in the company, the Board of Supervisors small powers, including financial oversight, appointment and removal, have affected the work results of the board of supervisors, we discuss several aspects of the expansion.The last part is the core of the paper, which consummates the idea of the system of the board of supervisors. For the second part of the analysis of the shortcomings, by learning the advanced experience of foreign supervisory system, we combined with China's specific national conditions, firstly make recommendations on the composition of the elected board of supervisors, then highlight the introduction of claims-based system of bank supervisors, conduct a re-design to the reference of the Board of Supervisors, focusing on the right of the board of supervisors, personnel management, and special representation. Finally, a clear duty supervisor, supervisor of the responsibility to strengthen the proposal focuses on the two types of civil liability for supervisors.