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Research on Chinese Supervisor System

Author: XuLiHui
Tutor: ZhaoXinHua
School: Jilin University
Course: Civil and Commercial Law
Keywords: Supervisor System Board of Supervisors Independent directors Sources of funding Corporate autonomy. Voting procedures Legislative model The composition of Personal responsibility Theory of separation of powers
CLC: D922.291.91
Type: Master's thesis
Year: 2004
Downloads: 179
Quote: 0
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Abstract


The supervisor system is the supervising mechanism inside a corporate person. It is of great importance to preventing the managerial executive to take advantage of their official authority, breaching the law and the company regulation, or abuse the managerial power to seek their private interest, so as to damage the interest of company and shareholders. It is extremely harmful for not only the operation of Chinese company, but also the Chinese economy that Chinese supervisor system does not perform well in practice. The improvement of Chinese supervisor system affects the reform of Chinese state-owned enterprise. Scholars of law have done a lot of research on the system, with many different opinions on the concrete regulations. Taking Chinese supervisor system as the research project, after studying the basic theories, analyzing the problems and the reason, the writer tries to put forward some suggestions about the perfecting measures. Comprehending the basic theories is the essential premise of practical research. So the first part of this article inquires into such questions as the basic intention of supervisor system, including the conception, the nature, the function and the feature. The Board of Supervisors is the statutory standing organ to supervise and inspect the business activity, especially the activity of the Board of Directors. The writer concludes the nature of supervisor system is legal, independent, supervising and restrictive, self-regulated and standing. The primary function of supervisor system is to protect the interest of company and shareholders. While to protect the interest of the creditor and other persons whose interest related to the corporation is the secondary function. The characteristic of the Board of Supervisors is not taking part in the managerial decision-making, explicit and strict personal liability of supervisor, and the outside power resource. Through the research, we make clear the status, motive and the trait of the supervisor system. The theory bases of supervisor system is the cost theory, the division and restriction theory and the self-autonomy theory, <WP=74>through which, we go further to the aim and mechanism of supervisor system in the company governance. The legislation patterns of other countries such as America, German and Japanese enlighten our supervisor system. The writer concludes that the patterns of supervisor system are conformed to the tradition and the market environment of a country. The main difference of these patterns mainly lies in the power of the Board of Supervisors. The legislation pattern should be statutory and stable. The pattern of Chinese supervisor system is proper to our national status. And now perfecting the mechanism of corporate organs will be the most direct and effective measure to strengthen the supervisor system. The conclusion becomes the basis of how to coordinate the Board of Supervisors and the Outside Directors in the following text. In a word, researching on the basic theories offers firm theoretical foundation to analyze and solve the practical problems.The main problems of Chinese Supervisor System lie in the regulations about independence, the strength of the official power, the legal responsibility and the conflicting between the Board of Supervisors and the Outside Directors. Such questions should be discussed specially: the election and recall of Chinese supervisor is unreasonable, the discussing mechanism of the Board of Supervisors need to be detailed, the fund of the Board of Supervisors and the salary of supervisors is lack of guarantee, the strength of the official power is weak, lack of detailed procedure, and the content and prerequisite of the legal responsibility are not clear. Whether the Board of Supervisors and the Outside Director can coexist, and how to coordinate the conflicting between them is badly need to be resolved. The reasons of all the problems are rooted in the characteristic of Chinese company governance. Analyzing the outside environment and traditional literature, Chinese legislations stres

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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