The Model Study Of Banks As Creditor To Participate In The Corporate Governance

There are so many research about Corporate Governance in domestic and foreign, Butmost of the studies are aimed at internal governance structure arrangements, for the researchof company’s external stakeholders is very small. The reality is, due to the lack of properprotection,serious damage to the interests of creditors. Bank of China’s enterprises as themost important source of funding, it is facing a huge pressure on bad loans. Therefore, thisarticle will focus on the study of banks, Their participation in corporate governance morerepresentative and realistic significance.This paper is divided into five chapters:The first chapter, on the current situation of China’s elaborate, indicating that writingbackground and purpose of writing this article, and the relevant literature to sort out the fullcomparison of the different views of different scholars at home and abroad, to providelearning and reference for writing this article.The second chapter, For articles related concepts are discussed and defined, the actualsituation in our country come to the stakeholders in the company’s important position as acreditor bank. Through the "stakeholder theory" and "agency cost theory" analysis, Concludedthat the traditional "Shareholder Primacy" corporate governance model should be adjusted,stakeholders should be involved in corporate governance among creditor banks for furtheranalysis of provide a theoretical basis for participation in corporate governance.The third chapter, further analysis of the creditor banks to participate in the necessityand feasibility of corporate governance. The main creditor of the British and American,German and Japan to participate in the corporate governance model are discussed andcompared, focusing on analysis methods creditor participation in each mode of corporategovernance, characterized by their different national backgrounds and treatment effect.Finally concluded that our creditors in corporate governance model should adapt to China’sactual situation, while Germany and Japan because of its historical development model hassome similarities with our country, and therefore more reference.The fourth chapter, mainly for China’s specific situation, the creditor banks toparticipate in the corporate governance localization analysis. Analyzes the current situationand problems of creditor banks to participate in corporate governance, starting from the aspects of the relationship between banks and enterprises, banks and government relations,legal system, etc., affirmed the "Company Law" and the "Bankruptcy Law" in the interests ofthe creditor banks to participate in the corporate governance improve protection issues.Alsopointed out that in our country due to the deep-rooted concept of the shareholder supremacy,the bank lacks independence, as well as the creditor banks to participate in the legal status ofcorporate governance issues, making the creditor banks to participate in corporate governanceis still difficult.The fifth chapter, Discusses the main creditor banks to participate in improving ourcorporate governance system. Major recommendations from three part: the relationshipbetween banks, businesses and governments; build creditor banks to participate in corporategovernance approaches; legal advice. Finally, this paper propose, the creditor banks toparticipate in corporate governance to improve not only the need to improve government,business, legal system also requires banks themselves continue to reform and improve thesense of participation, strengthen supervision over enterprises.