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Legal Research on the Supervision System of Wholly State-owned Company

Author: LuoHaoMing
Tutor: LiuXingShu
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: The Wholly State-owned Company The State Assets Regulatory Commission The Directorate The Board of Supervision
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 79
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Abstract


A form of government invest enterprise is the wholly state-owned company, which is an important direction of state-owned enterprise reform. Experienced almost 20 years of development, a wholly state-owned company expands unceasingly, for the ascension of state-owned economy tomorrow. But in the running process of wholly state-owned company, continuous appear many unhealthy phenomenon, such as the loss of state-owned assets, mix of government and enterprise,insider control.For this,our country has issued many laws to strengthen the supervision of the wholly state-owned company. Since a wholly state-owned company relies on the roads of old state-owned enterprise reform and lack of the internal corporate governance structure, which make the wholly state-owned company supervision system construction backward, so these unhealthy phenomenon is always free from legal constraints and structure and can’t get the supervision. It is important significance of building a moderate supervision of the wholly state-owned company in theory and practice.The supervision system of wholly state-owned company has experienced the inefficient supervision of administrative instruction and director responsibility. To improve supervision efficiency, government has founded the state-owned assets supervision and administration in 1988, which has not made good sense. In 1994, the first company law formally has established a wholly state-owned company as an important form of state-owned enterprise reform, according to the corporate governance structure, thus initially has formed internal supervision system. Because of dispersed internal and external supervision agencies, which eventually leads to a supervision system disorders. To change this chaotic supervision environment, the governance has established a directly under the state council shall state in the state-owned assets supervision and administration commission in 2003, thoroughly unified external supervision system. Yet internal supervision system construction is still slow. A wholly state-owned company possesses the modern corporate management structure form, but it does not form the modern company internal balance mechanism and the supervision system. The crux displays in:shareholder rights of the wholly state-owned company does not reach the designated position, which led to lack of responsibility subject; the directorate lacks power of supervision and supervision institution; the board of supervision in supervisory board is not clear; barriers in exercise supervision system; lack of incentive mechanism of supervisory board members.Therefore, the title relies on the problems and state-owned enterprises abroad supervision system construction experience, tries to find perfect the supervision system of a wholly state-owned company. Concretely speaking is to:first, strengthen state shareholders’ rights, perfect function of the state assets regulatory commission. Including:strengthen state shareholder’s the rights to know, the information balance between shareholders and the board of directors; build shareholder derivative litigation system, protect shareholders in judicial means. Second, strengthen the directorate supervision, perfecting the directorate oversight agency. Including:coordinating the relationship with executive board, strengthening the supervision of the executive board of directors; improving the function of audit committee, clear the relationship with other supervisory body. Third, define the right boundary of supervisory board. Including:clear rights boundary, perfect the right structure; perfect the supervisory board for supervisors; establish incentive system for the supervisory board and improve supervisors vesting power.

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