Research On The Power Allocation And Supervision Of Company Operators

Company operators power configuration and monitoring the main study is the modern company system brought by the separation of ownership and managerial authority conflicts of interests between the owner and operator,the power configuration and the supervision of the operator's specific pattern and the establishment of scientific allocation of corporate power and supervise operator effective legal form.To explore the company power supervision,an operator must first allocation of company ownership and management power boundary,according to the analysis of and the way,in order to solve the legal source of the power configuration and legal arguments.Problem oriented at the same time,the current power configuration and the problems existing in the supervision company operators to conduct discourse analysis,finally put forward the legal countermeasures to solve the problem and the system design proposal.First theoretical analysis of the company's power configuration,selecting representative company law at home and abroad,combing the analysis of the power company configuration problem specification,and by analyzing the academic ideas and theories on the company's existing power configuration,from the theoretical analysis of the internal power is a kind of residual control configuration.Shareholders on the one hand,to adhere to standard configuration,the power of the firm ownership of corporate control should be firmly in the hands of the general meeting of shareholders,on the other hand,the purpose is to pursue benefit maximization for the development of the company,so it is concluded that the focus of the legislation should be listed operators standard negative behavior,the case banned,shareholders risk,plug loopholes of law and system.This paper analyzes the existing problems of the power allocation and supervision of Chinese company operators.The company's ownership and management of the company's management system are separated,and the company's power,enforcement and supervisory organs balance each other.In the ideal state,the operator on the company's power allocation and supervision and legal design is relatively perfect,but our country company the legal person governance structure of non-standard imperfect,led to the unbalanced distribution of power and supervision effectiveness,etc.Various kinds of actual problems.For example,large shareholders are not involved in corporate decision-making management,which is good and bad.The benefit is the continuity of the company's development.Drawback is obvious,of course,is not involved in management decisions and financial management,mean while as the first major shareholder,but also the company's outsider,only had the power of share out bonus,not participate in specific activities.In terms of countermeasures and Suggestions,put forward the general principles of corporate power configuration and supervision and value orientation,established the principle of separation of powers to improve the operation efficiency of large companies,making the company's internal management system,to achieve a virtuous cycle for the development of the company's overall principle,on the one hand,puts forward the specific power and responsibility relations,emphasized the independent director system,improve the supervisory board system legislation,the legislative countermeasures of the external supervision mechanism and so on four o 'clock;If the law of the independent director is reshaped to enhance its functionality,it is envisaged that a group of professional professional managers should lead independent directors to independent third-party evaluation institutions.From the legal design,we can learn the law of the us on the appointment of independent directors of listed companies,and the establishment of the independent director of the company under the board of directors.Put forward the reasonable setting,on the other hand,equity structure,clear operator power boundary,establishing scientific selecting and the performance evaluation system,a sound system of internal supervision system and so on four construction Suggestions.The evaluation of operator performance should be carried out in the past,present and future.The evaluation of the company should be paid attention to,and the evaluation of the company's customers,suppliers and partners should be paid attention to.The executives' performance is excellent,comprehensive company three periods,the previous work have continuity work initiative factor is not big,large current contribution is not big,think long big contribution is not big,supplemented by internal and external personnel,superior subordinate his evaluation,to make three-dimensional objective performance evaluation.