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Our employees to participate in corporate governance, legal system

Author: JiangNing
Tutor: LiuDan
School: China University of Political Science
Course: Economic Law
Keywords: Employees to participate in Corporate Governance ESOP
CLC: D922.291.91
Type: Master's thesis
Year: 2005
Downloads: 261
Quote: 3
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Abstract


Background: since the late 1970s, the enterprise reform has been the central link of China's economic reform, the state has adopted a series of important policy measures. Devolution of power from the enterprise to import substitution, operating contract system, the joint-stock reform and 15th, the establishment of a modern enterprise system in accordance with the \But for a long time, the theory and practice of China's enterprise reform has been around the issue of enterprise property rights expand, strengthen the idea of ??physical capital owners is always the main line of China's enterprise reform and legal system construction. Labor as the basic factors of production and social resources, as a basic constituent elements of an enterprise, this problem has been ignored. Although China's laws and regulations clearly define the ownership status of the national security workers, employees of the company in accordance with national laws, regulations and the Articles of Association of the Company the right to exercise democratic management of enterprises are protected by law. But in the process of enterprise restructuring, the concept of \At the same time, in the Western developed countries, the economic growth mode of the \The role of knowledge, technology, innovation capability, management capability in the company under the new economic conditions, higher than ever before, and the development of knowledge, technology and management innovation are inseparable \In the 1960s, American scholar Schultz human capital theory. Beginning in the 1980s, large international companies are parallel with the organizational restructuring and transformation of the corporate governance structure, highlighting the role of human capital, constructed conducive to human capital play a role in stimulating innovation institutional arrangements. Human capital owners to become active participants in corporate governance, the company's employees to participate in the main by the passive object of the production process, corporate governance, and play an important role in the business activities. Objective: With the tide of economic globalization and China's accession to WTO, the face of changes in the ownership structure of Chinese enterprises, especially foreign investment influx of, our employees participate in corporate governance increasingly prominent institutional defects. Such as, whether the employee congress system employee director of Supervisors, in these employees to participate in the design of the system of corporate governance, in accordance with the existing Companies Act, or applicable range is limited to state-owned or state-owned holding company, or less clear on the terms of reference, the ratio greatly reduced as the proportion of state-owned and state-holding companies in total corporate enterprises, as well as shareholders' sovereign governance model becomes increasingly obvious the authoritarian nature of the shortcomings of this system design has been fully exposed the limitations. The meaning and methods of research: Companies Act is the role of employees in corporate governance, labor law, workers' own rights and interests, the two can not be confused, but not isolated. The role of the workers in the \Physical capital is equally important role of human capital, knowledge workers, labor skills, capital and shareholders, workers have an incentive to have the ability to become an important participant of the corporate governance. In China, the ownership change, just change the laborers masters of manifestations, but absolute change

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