China's Corporate Governance Structure Of Jurisprudence Thinking

Corporate governance structure is a hot issue that the jurists of the company, legislators, operators, stockholders and staff pay great attention to. It is also a big problem concerned with whether the interest of the stockholders and person connected can be realized and the company can be operated properly. This context explains legal theory that based on the corporate governance structure and analyzes the conditions of corporate governance structure by using jurisprudential, comparative jurisprudence and economics and so on. It draws lessons from the successful legislation of the foreign countries, and puts forward the law tentative idea of our country corporate governance structure.The first chapter, this chapter mainly discusses about the foundation of legal theory of corporate governance structure. It points out that property right of business entity is the base of corporate governance structure, and the different interest patterns of the company is the foundation of law-governing of the inner powers split and checks and balances of the company. The development of market economy and democratic politics agrees with corporate governance structure. It pushes corporate governance structure more democratic.The second chapter, this chapter states the phenomena of corporate governance structure, and analyzes the checks and balances relationship among the powers, duties, obligation and interests of every department. It evaluates the phenomena, and thinks that inefficiency and disorder are the common problems in corporate governance structure.The third chapter, this chapter puts forward some advice about amendment and perfection of our country's legislation. It advocates that the law status of the stockholders conference should be implemented in the company power organization, the qualities of board of directors should be improved, the responsibilities of the businessmen should be strengthened, perfect binding and inspiring organization should be founded among businessmen, the system of board of supervisors should be perfected.