Research On The System Of Board Of Supervisors In State-Owned Company

The traditional enterprise in the era of ownership and management are highly unified belong to oneperson, the owner of the enterprise own management, the enterprise management mode limits theexpansion of the scale of enterprise development, so also in the small and medium enterprise, if theenterprise formed a certain scale, the owners own business cost management. Therefore, with thedevelopment of market economy, enterprise change to the separation of ownership and management rights,the owner of the enterprise economy based on cost considerations, began to seek professional managementpersonnel management of enterprises, which pay the corresponding compensation, the behavior based onthe principal-agent system of civil law. In the modern Enterprise Inc approach, namely the principal owner,operator for agents, managers enjoy decision-making power to enterprise commissioned ownership ofenterprises due to the. The company has also accompanied by agency problems, information asymmetrybetween owners and operators, it cannot ensure the operator is completely to the company development asthe starting point, there is no guarantee that the operator will take forcible possession of the assets of thecompany, in order to solve this problem requires special personnel to supervise the behavior and the statusof the company manager also because of their supervision, the comprehensive consideration of economiccost and agent cost, supervision and personnel from the owners elected on its behalf of exercising the rightof supervision, to ensure that the power of the independent exercise of the company operation, thecorporate governance structure theory is the introduction of Western political Science in the "separation ofthe three powers" theory, compared with the political aspects of legislation right, administrative power,judicial power, the company structure, management right of ownership, right of supervision, by the ModernCorporation structure in the shareholders’ meeting, board of directors, the board of supervisors shall enjoythe above three kinds of power.China’s state-owned assets supervision long-standing history, planned to complete administrativesupervision economy era from the founding of new China, the reform of the special inspector supervision,reform and opening up early, and then to the Modern Corporation system of state-owned supervisors, this aseries of development is to promote the value of state-owned assets, and prevent the state-owned assets as the goal. On China’s State-Owned Company supervision exactly what method is the most effectivesupervision? The State-Owned Company because of its special asset sources in the law will be specialtreatment, but in the final analysis is essentially a form of the company, its governance structure should befor the corporate governance structure, considering the state property and the governance structure of thecompany, the state-owned assets supervision, shall be made by the board of supervisors of supervision,supervisors are designated by the government, the State-Owned Company "assignment." uniqueness.China’s "company law" revised in1999of a wholly state-owned company made special provisions, whichis a wholly state-owned company board of supervisors, provisions relating to the solely state-ownedcompany supervisory committee composed of personnel, the functions of the board of supervisors, but theprovisions are not complete, cannot solve the problems existing in the State-Owned Company. The lawdoes not give the State Board of supervisors in the same company the power of board of directors, theboard of supervisors exist in name only, can not really play its role of supervision of state-owned assets.The fundamental reason of State Board of supervisors can not play an effective role is no guarantee of theindependence of the board of supervisors, cannot form on the balance board.Through the analysis of causes of various problems may occur to the state-owned supervisors, theperfection of the system should ensure that the board of supervisors of the independence of the board ofsupervisors, the relevant provisions of the State Board of supervisors system, giving more power, which notonly enjoy the existing laws and regulations on State-Owned Company financial supervision, at the sametime to ensure that management supervision of management personnel, combined with dynamicsupervision, give full play to the role of the board of supervisors. In addition, the phase difference offinancial supervision and internal audit, combined with the audit department, strengthen the sharing andjustice, taxation and other departments of the information, to keep the whole supervision. In the concreteprovisions on the scope of supervision, supervisors, appointment, responsibilities should be specified inmore detail, in order to maximize the state-owned assets supervision and administration, to ensure the valueof state-owned assets.