The ultimate goal of corporate governance is realizing the maximization of the value of the company,on the basis of the interest of the stakeholders. The article regarding "stakeholders" as the breakthrough point, analyzes the shortcoming of the traditional "equity governance". Then the author comes up a standpoint that company creditors as the main stakeholders should participate in corporate governance. Article uses methods of law, through theory, the present situation, the localization analysis, operation and guarantee for study, to clarify the necessity and feasibility of the creditors to participate in corporate governance.The thesis is an overview of basic, including the definition of the relevant concepts and theoretical basis for the creditors to participate in corporate governance. Then the thesis combine the present situation and problems of China's creditors to participate in corporate governance research. This chapter uses the combination of laws and problems to analyze the problems. And by comparing of Japanese, British and American countries' mode of participation, This chapter study principles, main body and mode selection of creditors to participate in corporate governance, to explore China's participation in the governance mode selection. The fourth chapter is the specific operation of creditors to participate in corporate governance. This part adopts the model of operation and perfect, studying the ways of creditors, bank debt securities holders and creditors in bankruptcy to participate in corporate governance. The ways include the contract agreements which is the dominance and get into the system of directors and supervisors. |