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Thinking of the Restructuring of the Inner Supervisory Mechanism of China’s Listed Corporation

Author: GuoYanLin
Tutor: ZhangYing
School: East China University of Political Science
Course: Economic Law
Keywords: Internal oversight mechanisms Board of Supervisors Independent Directors
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 81
Quote: 0
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Abstract


In this paper, the definition of internal oversight mechanisms talk, discusses strengthen internal oversight mechanisms need clear value of the Company's internal oversight mechanisms objectives and elements of analysis of China's listed companies current situation of internal oversight mechanisms and defects, draw our internal oversight mechanisms listed companies should take a unified way, and resolutely independent director system selected as the conclusions of the direction of development, and finally how to improve the system of independent directors put forward relevant proposals. Text is divided into three chapters. Chapter One: the internal oversight mechanisms listed companies Analysis of the company's supervisory theory is multifaceted, this only from the narrow perspective of research and study, the company's internal supervision and specialized agencies is defined as \Jurisprudence tell us we must have oversight authority, the reality has proved, in the modern development of the company's centralized management rights brought the abuse of power damage interests of the company, shareholders interests occur frequently, it must strengthen internal oversight mechanisms to achieve the power of checks and balances. Analysis of the value of the Company's internal oversight mechanisms goal should be to seek corporate interests, to protect the interests of shareholders and maintaining corporate social interests, and oversight body to oversee and supervise the content of the object is the company's internal oversight mechanisms of the three elements. Chapter II: Internal Supervision Mechanism of Chinese Listed Companies defects present situation and China's listed companies internal oversight mechanisms legislative requirements are: Supervisory system and an independent director system two kinds of internal oversight mechanisms exist; effect of view but from the practice of listed companies, institutions and the Supervisory Committee Independent Director System of Internal Oversight effect is not obvious, and even can be said that China's listed companies has long been the failure of internal oversight mechanisms, compared to the Supervisory Committee of independent directors oversight failure than the more serious. Then the cause of failure of listed companies in the internal oversight mechanisms underlying causes of what is it? Article from the shackles of traditional ideas, legislation affecting property rights system design flaw and so many angles, analyzed one by one. Chapter Three: China's listed companies to build internal oversight mechanisms Thinking of listed companies the path of development of internal oversight mechanisms should Gairuhezou it? Two kinds of internal oversight mechanisms how to choose it? Paper argues that the company has an internal supervisory powers indivisibility, supervision unified mechanism more in line with the principle of efficiency, so the internal oversight mechanisms of listed companies should take a unified way; regardless of board of supervisors or independent director system in China can all be developed, there is no fundamental obstacle, but our current independent director system than the board of supervisors system construction should be relatively well, so you should select the independent director system to strengthen internal oversight mechanisms as the direction of development. Finally, the independent director system improvement ideas and suggestions: (1) a clear functional positioning of independent directors; (2) to ensure the independence of the independent directors; (3) improve the performance of their duties of independent directors required; (4) refinement of independent directors supervisory authority; (5) independent directors sound incentive and restraint mechanisms.

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