Study On The System Of The Board Of Supervisors Meeting

The board of supervisors, as the part of the company's internal oversight body, plays an important role in the operator at the company's supervisory checks and balances, improving the company's governance structure, safeguarding the interests of shareholders and companies and enhancing the competitiveness of the company. However, a reasonable running system which can be operated by a board of supervisors is the prerequisite for the effective implementation of the board of supervisor's functions. The provides of China's Company Law about the running system of the board of supervisors is not satisfactory, especially the board of supervisors meeting system which is the basic operation of the board of supervisors system is provided too easy and non-operational. In practice, it is very difficult to play a supervisory role in the board of supervisors. Therefore, the Board of Supervisors meeting system has a need of refining and perfecting to enhance the effectiveness of the board of supervisors.This paper researches and discusses the board of supervisors meeting system, and makes a number of recommendations for the Board of Supervisors meeting system to help our country's board of supervisors meeting system. In addition to the introduction and conclusion, the full text is divided into seven parts, as follows:In the first part, the thesis introduces the running models of the board of supervisors system of Germany and Japan, analyzes the causes and the practical problems of our country's board of supervisors system, obtains a conclusion that the lack of the essential rules of the board of supervisors meeting is the main cause of the practical problem, and analyzes the paths of improving our country's board of supervisors system.In the second part, from the perspective of the system of the board of supervisors to convene the meeting, the thesis puts forward some recommendations to improve the convened subject, the convener, convened procedures and convened notice.In the third part, from the perspective of the system of the board of supervisors to hold the meeting, the thesis puts forward some recommendations to improve the way of holding, attending of the meeting, presiding of the meeting, and the record of the meeting.In the fourth part, from the perspective of the system of the board of supervisors to vote at the meeting, the thesis analyzes the voting principles of the board of supervisors, including the principle of democratic decision-making and procedures for proper, and puts forward some recommendations to improve the content of voting, voting procedure and voting rules.In the fifth part, from the perspective of the system of the board of supervisors to implement resolution, the thesis puts forward some recommendations to improve the identifying personnel to implement the resolution, the procedures of removing the personnel resolution, correcting the wrong acts of the resolution functions, convening the shareholders meeting or the implementation of General Assembly resolution.In the sixth part, the thesis discusses the need to set up a flaw resolution system of the board of supervisors meeting in our country, and designs the composition and relief of the flaw resolution system of the board of supervisors meeting. The constituting of a flaw resolution includes the two defects that are content and procedural flaws. The relief of a flaw resolution is divided into judicial relief and non-judicial relief.In the seventh part, the thesis introduces the German Opel cases, and lead our country to set up the separate supervises system of supervisors, and stipulates it simply. Our country should adhere to base of the board of supervisors in the collective supervision model, introduces the separate supervise system of supervisors appropriately, but the authority of individual supervision of the supervisors needs to make the necessary restrictions.