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The Law Study of China’s State-Owned Holding Company Governance Structure

Author: JiangLiHe
Tutor: ZhangWenShan
School: Guangxi University
Course: Civil and Commercial Law
Keywords: the state-owned holding company corporate governance law study
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 204
Quote: 0
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Abstract


State-owned holding company situates a crucial position in state-owned asset management process. At present, although the state-owned holding company governance structure is gradually becoming better, such as the state-owned holding company governance structure has gradually improved in law system; a majority of state-owned holding companies have established governance structure of internal control and external constraints supervision mechanism and so on. However, State-owned holding company still has many shortcomings, such as the system about state-owned holding company’s board of directors and boards of supervisors does not completely meet with state-owned holding company’s management structure; state-owned holding company managers are lack of effective incentive and restraint mechanisms, and so on.The thesis studied the corporate governance structure of the state-owned company in China. The thesis firstly analysis the concept of the state-owned holding company, on the basis of studying the legal characteristics of state-owned holding company, the author studied the three most known characteristics of corporate governance structure (Singapore, Italy, France) as well as the learning value on the construction of Chinese corporate governance structure. In Chapter 3, the author further illustrated the stages of the state-owned corporate governance structure from the four respects of meeting of shareholders, board of directors , board of supervisors and managers. In Chapter 4, to the present situation, the author studied and try to put forward the strategies from the four respects of meeting of shareholders, board of directors , board of supervisors and managers respectively to develop the performance of corporate governance in state-owned corporations. In first, the author suggested the law strategies in improving state-owned holding company shareholders meeting: strengthen the summer obligations of the board of directors and board of supervisors to the shareholders, set up the trust system of the right to vote, perfect of the cumulative voting system, relax the proposal requirements. Secondly, the law strategies in improving state-owned holding company board of directors: establish loyalty and attention obligation of directors, established the responsibility of directors to third person, set up collective constraints chairman of the board of directors system, set up collective constraints chairman of the board of directors system, determine reasonable members of the board of directors of composition and selection of directors, set up the board of directors right to recall Chairman of board of directors, improve independent directors and establish a system of worker-directors; Thirdly, the law strategies in improving state-owned holding company board of supervisors: clear the independence of supervisors and supervisors actively working conditions, establish methods of supervision of individual and collective combination, establish a financial oversight of board of supervisors board, stringent requirements on the responsibility of supervisors, further improve the system of the board of supervisors assignment. Finally, the law strategies in improving state-owned holding company managers: Clear manager powers and civil liability, improve the hiring manager, appointment mechanism, and improve shareholder incentive systems and external constraint mechanism.

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