The Board Of Supervisors System In Wholly Stateowned Company

The board of supervisors system is legal authority power balance mechanism isan important part of maintaining a healthy and stable development of guarantee. Awholly state-owned company is a company of state-owned enterprises reform anddesign of a company organization form, is a state-owned enterprise system innovation.And the general sense of the different company, a wholly state-owned company inproperty rights on the design has its own features, and this kind of unique propertyright structure of the board of supervisors system has produced profound influence.The board of supervisors of a wholly state-owned company in the supervision systemof nature, supervision and form as well as supervision ways different from all theother company limited liability companies and joint stock limited company with theboard of supervisors. It with special way of expression of order, justice and efficiencyof the pursuits, and from the system, mechanism, the legal system of regulating thesupervision of a wholly state-owned company, is a scientific supervision ways, in awholly state-owned company governance structure is playing a very important role.A wholly state-owned company and shareholder equity structure single specialidentity, which makes its internal presents the property rights and the right ofmanagement separation height of the state, the supervision of the shareholders inweak. As a wholly state-owned company board of directors system construction andthe strengthening of the board of directors of the establishment of the separation ofstrong mode, with the board of directors of the company for the core businessmanagement supervision and more difficult. In this case, the board of supervisors of awholly state-owned company set extremely has the necessity, and shall be with thefunction of the rich. In the reform of the wholly state-owned company in practice, theboard of supervisors is not only the key power supervision and the board of directorsof the company is running well the important condition. However, the realization ofthe function of the board of supervisors to perfect the supervision board to be guaranteed, but at present our country of the board of supervisors of a whollystate-owned company is not complete system, it can overcome the functions andpowers of the board of supervisors shall exercise the obstacles to provide effectivesupport and also make the board of supervisors of a wholly state-owned company toits should display the function. Although2005"company law" to modify this partcompany a complete change, however, the system of the board of supervisors of awholly state-owned company is still left many unsolved problems, the company law,the company that tries to solve the imbalance of power of the board of supervisors,the situation still seriously eroded. The board of supervisors existing problems in theoperation of mainly displays in: functions and powers of the board of supervisors ofabstract, lack of supporting system; Supervisors identity disorder, not exercise itsauthority independently; Responsibility and incentive mechanism is missing,supervisors to perform the duties of the lack of motivation and pressure; Themembers of the lack of professional skills, supervision and ability is weak, theseproblems serious impact on the board of supervisors of supervision and efficiency.Based on the theory of in our company law further perfect purpose, from theperfect system of the board of supervisors of a wholly state-owned company, theauthor analyzes the special property right system for the board of supervisors of awholly state-owned company system before the board of supervisors of a whollystate-owned company existing in the system of unreasonable situation, compared withother countries on the basis of different supervision system, combining with theactual situation in our country, this paper expounds the construction of the system ofthe board of supervisors of a wholly state-owned company reasonable idea, and putforward the countermeasure and the suggestion.Including the introduction and conclusion, this paper are divided into six parts.In the preface part, the author firstly with a set of data shows that from thestate-owned enterprise restructuring of for years, a wholly state-owned company inthe more and more competitive market today still keeps an irreplaceable position. Butwith the constant development of economy, it has also exposed a some weaknesses,the root is that of the board of supervisors of a wholly state-owned company system isnot perfect, so as to prove that the board of supervisors of a solely state-owned company system the importance of the study. The first part discusses the board ofsupervisors of a wholly state-owned company and the theoretical basis and systembackground. The first quarter of a wholly state-owned company introduces theconcept and characteristics, thus into the second quarter of the board of supervisors ofa wholly state-owned company the concept and particularity, and this is a solelystate-owned company shall system lies in the problems of a wholly state-ownedcompany is decided by the intrinsic features. At last, the paper introduces the systemof the board of supervisors of a wholly state-owned company history evolutionprocess. The second part and the third part is the core part of this paper. The secondpart of the board of supervisors of a wholly state-owned company about the currentsystem currently exposed by the main problems, and a pair of these problems out whythe analysis. It is because the current system of the board of supervisors of a whollystate-owned company was flawed, so we first task is to seek a correct study of theboard of supervisors of a wholly state-owned company system thinking, this is thethird part of the research content. This part of the first analysis in the countriesoutside of excellent legislation idea and relevant supervision system of dependentbackground and reasons, and then cited the at present domestic about a whollystate-owned company establish what system of supervision mainstream academictheory, the last comprehensive above the reference and analysis at home and abroad,and summarizes the board of supervisors of a wholly state-owned company in perfectsystem of several important factors to consider. After the discussion of the content,and the third part of the analysis along the ideas, the fourth part of improving thesystem of the board of supervisors of a wholly state-owned company concreteoperation suggestions.The conclusion of this paper demonstrates the basic idea reiterated and ideas.