Research On The Mechanism Of Decentralization Between Shareholders' Meeting And Board Of Directors

With the development of the company institution,the power allocation between shareholders' meeting and board of directors has become an important part of corporate governance.To properly allocate the power of shareholders' meeting and board of directors is beneficial to promote the development of our company institution and economy.Research of this paper will focus on how to improve our shareholders and the board power distribution mechanism,this paper is divided into four chapters,starting from retraces the shareholders' committee and the board of directors of the separation of mechanism respectively,and the present situation of our meeting of shareholders and the board of directors of the separation of mechanism,and finally make up according to the above content to perfect our shareholders and the board of directors of the separation of mechanism of the path.The first chapter mainly introduces the historical evolution of the basic theory of shareholders' meeting and board of directors and the relationship between board of directors and board of directors of developed countries.First explain the separation of ownership and management,agency theory and corporate contract theory,the shareholders' committee a socialist and primacy of the four shareholders and the board of directors of board of directors of separation of powers theory basis,then analyses the Britain,the United States,Germany,Japan and other developed countries of the change of the relationship between shareholders and the board of directors,expounds theoretical basis for the below.The second and the third chapter is the reality investigation of the shareholders' meeting and the board of directors,which is mainly divided into legislative investigation and practice investigation.Legislative investigation refers to the decentralized legislation by analyzing the shareholders and the board of directors,summarized our country exist mechanism of shareholders and the board of directors of the separation of powers,fuzzy boundaries vacuous and conflicts with other laws and regulations in the legislative defects.Again through the shareholders' committee and the board of directors of last three years dispute case for empirical research,summarizes the set of the separation of mechanism exist in corporate governance efficiency is impaired,the shareholders' committee power shell,power practice problems such as inflation and the board of directors.The forth chapter on the basis of above analysis,first to determine the position of the shareholders' committee and the board of directors of the separation of mechanism in our country,combining analysis mentioned above,our shareholders and the board of directors of the separation of mechanism of legislative defects and practical problem,to perfect our shareholders and the board of directors of the separation of mechanism concrete Suggestions are put forward.In order to promote the optimization of corporate governance in our country,we finally transition to the corporate power allocation mode of the board of directors.