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Research Of Legal Regulation Of Executive Compensation In The Listed Company

Posted on:2012-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:H H GuoFull Text:PDF
GTID:2166330335968754Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Executive compensation has been concerned by domestic and foreign scholars for a long time, especially the main issues of executive compensation from the number of listed companies are poor related to performance. Now, we do not care about such a high compensation itself, but the reasons of such high compensation and the harm to the company's long-term development. It is necessary to find the appropriate way to resolve executive compensation in listed companies through the legal way.Therefore, the paper focuses on "the rule of the compensation for executives in the listed company",which can be divided as follows:Firstly, based on the legitimacy of regulating the compensation for executives in the listed company, it contains incomplete contract theory, principal-agent theory and the stakeholder theory in-depth analysis in the first part of the paper, which will be helpful to the system of the rule of the compensation for executives in the listed company.Secondly, it is necessary to research that why the executives from listed companies can get so high compensation. With the separation of ownership and control, more and more executives can influence his salary through their own rights, the directors can not make a fair bargain with executives about compensation arrangements.The loyalty,friendship and various social factors will affect make a fair compensation for executives between directors and executives. It is possible to improve the embarrassing situation by giving the limited right to the shareholders, and we must highly concern the independence of remuneration committee to have rationalization of decision mechanism of executive compensation.Thirdly, the sun is the best preservative. The existing unreasonable compensation arrangements will be improved through more transparent compensation information disclosure system. In the third part, the proposals of organizing the rational provision will be carried through the reference of the provisions of the relevant salary information disclosure about foreign developed countries and China's specific conditions on relevant information disclosure of executive compensation.Next, when the relief mechanism can't make up our loss,we can satisfy our need by resorting to judicial. Judicial as a last line of defense need more perfect system to ensure the realization of our interests. In the fourth part of the paper, some suggestions about the judicial relief way of compensation arrangements will be offered in order to improve the current pay arrangements.Of course, it is a complicated problem about the rule of the compensation for executives in the listed company. The paper about the investigation of the executive pay arrangements and suggestions about rule of the compensation for executives is some aspects of this system, and specific system construction still can be more perfect by returning to the reality...
Keywords/Search Tags:listed company, executive compensation, regulation, judicial
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