The Improvement Of Employee Participation Into Corporate Governance Legal System

As far as the belief of equal-footed relations between employees and employers enjoyspopular support, more and more attention has been given to the issue that how to introducethe factor of employee participation into corporate governance institution. However, it is alsoas the requirement of pullulating Chinese market economy in rebuilding a new institution ofemployee participation instead of the obsolete one which fits neither the needs of socialdevelopment nor the modern cooperation institution. Employee participation——bilaterallyjointly responsibility of cooperation governance of both employees and shareholders is thekey of transformation of outdated cooperation governance institution, by introducingemployee participation into originally single administration mode. Nevertheless, this vitalfactor should consider the common ground of employee participation and cooperationmanagement, cause it is the significant matter that these two elements can work harmoniousand smoothly together in the process of transformation of institution. This paper is based onthe issue, analyzing and discussing the shortage of currently related Chinese legal system.The institution of German corporation’s co-decision have been playing a world-wideconsiderable role in this employee participation theory, therefore the paper will research thehistory, system and related regime of the institution of German corporation’s co-decision asthe reference of transformation of Chinese cooperation government legal system. Designingand perfecting newborn relevant Chinese legal system should be concluded by comparing theadvantage of German corporation’s co-decision institution and disadvantage of Chineseoriginally single administration mode. The crowning point of author is to find an efficientmethod of employee participation in basic of equal-footed relations between employees andemployers, to establish the fundamentals of law and theory, to bring forward an effectiveopinion to consummate Chinese cooperation governance institution.The article is divided into four parts totaling40,000words. The first part of the article isto expound the employee participation theory. First, it will manifest the structure and details,analysis the main issue and legal institution of current cooperation government and discussthe coherence point between the former two. Then it will make a panoptic generalization ofthe existing employee participation system to find out the insufficient and to indicate reformmeasures. The second part is presentation of German corporation’s co-decision institution in three aspects. First aspect is about the origin of thought and legislation evolution of theinstitution in German history; second aspect is of jurisprudence and legal system of Germancorporation’s co-decision institution; and the last but not least aspect is regarding the lawenforcement and the impact it brings about. The third part will force on practice foundation ofChinese employee participation in both sides of legal ground and theoretical basis. It will bebased on the belief of equal-footed relations between employees and employers. The final partwill be to table a proposal of employee participation practice.