Study Of The Legal Structure Of The Internal Oversight Mechanisms

This thesis, in view of disciplines of history,economic and management, applying theories study, comparison analysis and practical investigation and other means,attempt to set out the corporate governance principle ; analyze the value and function thereof; summarize the development trail of the corporate internal governance system established in civil law and common law system; put forward the affect on the internal corporate governance system brought by contemporary contract theory,evaluate the awkward situation that corporate internal governance system of our country faces;set out the reasonableness and necessity to redefine the function of board of directors;clarify the special role of the system of independent direcor ; discuss the various internal governance system for different types of corporations. The full thesis is sectioned into five chapters.Chapter 1:The Principle of Corporate GovernanceThe purpose of the corporate governance is to increase the revenue, decrease the loss, realize the profit to its best, protect the legal interests of the company and its shareholders. Under different criterion, the corporate governance can be categorized differently, and each type covers special function and scope of the governance showing its particularity.The corporate governance pursue the concept value in freedom, safety, efficiency, and justice and otherwise in the function of adjustment, control, safeguard, remedy and education. Nevertheless as law is not in reach of everything, the corporate governance is either and has its own limitations.In view of western history of corporate government the system has evolved from internal to outside in logic, while our country is on the opposite of that, steadily evolving from outside to internal. The different development trail has shown the discrepancies and particularity in the culture of companies.Chapter 2:The Principle of Corporate Governance and its Affects to the System of Corporate Internal GovernanceThe contract theory accords that the governance structure of the company is the arrangement to settle the agent problems arising between manager and shareholders. Stephen Bottomley and...