On Supervisors (will) The Status Of Representative Actions And Improve,

Company is the product of the continuous development of commodity economy, the best form of modern social production and financing, and the most important modern market transactions actors. The appearance of company marked the separation of ownership and control, which inevitably bring agency costs, with the appearance of agency costs, how to effectively control the agency costs become an important issue of corporate governance. The separation of ownership and control cause the directors and high managers of the company have access to the business information in a dominant position, and shareholders are at a disadvantage, the asymmetry of information may cause the moral hazard problem that the directors and high managers will pursue their own interests at the expense of the owner the interests, therefore, how to effectively supervise the company's directors and high managers, how to keep the directors and high managers'behaviors consistent with the objectives of the owner of the company is crucial. The board of supervisors, as an important organ within the company, of which most important functions is supervising the behaviors of directors and high managers, This supervision relations within the company is running a very easy to cause the interest conflict between the board of supervisors and directors or high managers, which cause disturbance of internal relations and hinder the company's stability and development. When the self-regulatory mechanism within the company can not resolve the conflicts, the board of supervisors can't stop the director's or high manager's misbehavior through the internal method, who have to launch the last method of defense, which is bringing a supervisors representative action against the director or the high manager who conducted the misbehavior and cause the loss to the company, therefore, the judicial remedy is necessary to protect the company's interest.This thesis is divided into four chapters:In ChapterⅠ,Ⅰwill introduces the definition, resources and characteristics of supervisors representative action.In ChapterⅡ,Ⅰwill analyze the theoretical basis, functions and necessity of supervisors representative action.In ChapterⅢ,Ⅰwill focus on the current legislation and judicial practices of supervisors representative action in China, and summary the problems we face.In ChapterⅣ, In order to help the company's supervisors to better exercise its supervisory functions, effectively constrain the behavior of the operators, better protect the company's, shareholders'and other stakeholders'legitimate interests, and promote the development and improvement of the company law system, I will, based on the discuss in chapterⅠand chapterⅡ, comparing with the foreign legislation of supervisors representative action, analyze the problems summarized in chapterⅢ, and try to put forward some practical and feasible recommendations for the perfection of supervisors representative action from theoretic and practical perspective.