The Power Of Supervision Over Co., Ltd., Board Of Supervisors In China Business Studies

Modern enterprise system theory is that the structure of company treatment is the core content of company system,is also perfect the study of contemporary company law as an important issue. In our current system of the board of supervisors of the company law, although the design of the functions and powers of the board of commissioners relatively perfect, but the functions and powers of the board of supervisors shall exercise the power of supervision especially business but not related to the security of procedural law. Based on the corporate governance structure of the board of supervisors in the power of supervision business as the research object, based on the main countries internal supervision mode and the board of supervisors of the contents of the power of supervision business analysis, to inspect the our country current business situation of supervision of the board of supervisors,analysis the existing legislation defects, learn from foreign advanced legislation in China and Taiwan experience and legal practice,finally put forward the power of supervision of the board of supervisors to strengthen our business legislative Suggestions.This paper is divided into four parts. The first part of the board of commissioners and its business is an overview of the power of supervision. Mainly introduces the concept of the board of supervisors and the board of supervisors system from theory basis. The next introduces the common law and civil law countries of concern, internal supervision mode and a comprehensive review of the supervision and the similarities and differences. At last, the paper introduces the our country business the basic meaning of supervision of the board of supervisors, and based on the analysis of the board of supervisors shall supervise the business scope. The second part of the system of our country at first the historical inspection of the board of supervisors, and put forward China’s supervision model selection. And then analyzed in our country legal system in advance of the board of supervisors shall supervise and after monitoring the value of legal system function, legal status and existing problems. The third part is the power of supervision of the board of supervisors foreign business related legislation and the enlightenment. Through to Germany, Japan, South Korea and Taiwan business supervision of the board of supervisors shall the legal system and the analysis of the legislative practice, finally come to the board of supervisors of supervision through business the precondition of the realization of basic and procedural safeguard. The fourth part is to strengthen our business power of supervision of the board of supervisors of legislative proposals. This part of the former supervision, after monitoring in the perfection of legal system and establish and perfect the incentive and restraint mechanisms of the board of supervisors three aspects of the board of supervisors put forward Suggestions of perfecting supervision business, in order to strengthen the power of supervision business of the board of supervisors, play its part of the corporate governance of the supervision role.In this paper, the business of the board of supervisors power of supervision research mainly adopts comparative analysis method, laws interpretation method. Through the domestic and international company supervision mode and the comparative study of the power of supervision, and analyzes the background of the age of produce and advantages and disadvantages, find out in our country for a joint stock limited company of the legislative experience for reference and philosophy. Through on our country’s existing on the board of supervisors of the company law of the system of analysis of the status of relevant legislation,study the laws applicable scope and legal effect, to strengthen our business that the power of supervision of the board of supervisors shall legislative Suggestions.