A Research On Perfection Of Legal System Of Board Of Directors In State-Owned Enterprise

Reasonably speaking,the state-owned enterprise is the economic foundation of the socialist system and the mainstay of social responsibility.Bcause the goal of the reform of state-owned enterprises is to establish modern enterprise system,and the company system is an effective organizational form of modern state-owned enterprise system,meanwhile,the reform of corporate system is the objective requirement and direction of the reform of state-owned enterprises in China.Therefore,the establishment of perfect corporate governance structure is the specific requirements of state-owned enterprises reform.In general,the board of directors is the core of modern corporate governance,so the construction of a standardized board system is also the specific target requirements of state-owned enterprise reform.In this paper,the legal system of the board of directors of state-owned enterprises which is reformed by the corporate system is the research object,and the legal system of the board of directors of state-owned enterprises is studied in the perspective of "rights ? obligations and responsibilities".Firstly,this paper makes a deep discussion about "the state-owned" characteristics of state-owned enterprises and the characteristics of the board of directors of state-owned enterprises,aiming to provide theoretical support for the basic structure of the board legal system of state-owned enterprises.Secondly,from the perspective of " rights and obligations and responsibilities ",combined with the legal system of common commercial company,the basic structure of the board of directors of state-owned enterprises is typed and systematized.And then,combined with the basic structure of the legal system of the board of directors of state-owned enterprises,carding and analysis of the basic structure of the legal system of the board of directors(the imbalance of the organizational structure of the board of directors;the interference of the execution the power of the board of directors;lack of legal responsibility of the board of directors);Finally,this paper puts forward a scientific and reasonable proposal on the problems existing in the legal system of the board of directors of state-owned enterprises from three aspects:(1.The restructuring of the organizational structure of the board of directors;2.The safeguarding of the independence of the board of directors;3.theperfection of the board of directors).In short,the perfection of the legal system of the board of directors of state-owned enterprises is not a mysterious proposition,so we hope that the research findings can give a hand to the perfection of the legal system of state-owned enterprises,meanwhile,we also hope that it will make great contribution to the promotion of state-owned enterprise.