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State-owned Corporate Governance Structure

Author: SuiJunYu
Tutor: ZhaoDaLi
School: Dongbei University of Finance
Course: Economic Law
Keywords: Company State-owned company Property Corporate governance structure
CLC: D922.291.91
Type: Master's thesis
Year: 2005
Downloads: 272
Quote: 1
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Abstract


In the traditional state-owned enterprises of the restructuring process, many large, large state-owned enterprises have chosen the form of state-owned companies. State-owned company to become China's current state enterprises form an important organization in the state-owned economy to play a pivotal role. The practice of setting up state-owned companies, especially state-owned corporate governance structure build on our progress to establish a modern enterprise system have a profound impact, these should become a modern enterprise legal system, especially company law research. But in fact not the case, theoretical studies on multi-focus and interest limited by shares or limited liability companies, state-owned companies are not taken by the people became the object of study. Moreover, the current state-owned company's passion for theoretical research in economic circles a little more than the legal community. This article is written in such a context, the integrated use of historical analysis, comparative methods, law and economics approach to state-owned companies have done preliminary research, and made some improve its corporate governance structure proposal text is divided into three chapters: the first chapter, the legislative background of state-owned companies. The main contents include: state-owned companies by reviewing the historical, discusses the state-owned company is China's state-owned enterprise reform process of the product. Demonstrates the state-owned company is a special one-man company, corporate reform state-owned enterprises to learn from a person's system innovation company system, state-owned companies and one-man company have established contact. State-owned company established to major changes in ownership does not occur under the premise of the original by changing the corporate governance structure of the corporate governance structure, to achieve the vitality of state-owned enterprises. Chapter II, state-owned companies under the ownership structure of corporate governance structure. The main contents include: property rights are the basis of corporate governance structure, corporate governance structure is the property of the organization reflects the corporate governance structure and corporate ownership structure must be adapted. State-owned company's unique ownership structure is unitary structure of property rights. Such state-owned unitary structure of property rights lead to the formation of the corporate governance structure can not be diversified equity under the separation of powers of modern corporate governance structure. Shareholders of state-owned companies do not have to set up a human to determine its shareholders, shareholders' rights by the state proxies to share with the Board. Board of Directors as the company's decision-making body, the state of the control of state-owned companies, mainly through the Board conducted chairman of state-owned companies to implement the responsibility system. State-owned company's supervisory bodies of state-owned asset management institutions are dispatched Supervisory external oversight, supplemented by the party committee, the workers' congress, trade union pluralism supervised monitoring system.

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