Research On The Independence Of The Supervisory Committee Of The Company In China

Since the company law of our country has formulated, thedesign of the internal organs, adopt the spirit of separationof powers. Shareholders’ meeting is the highest mean organunder it and then divided the board of directors and board ofsupervisors to the implementation of the company’s businessexecutive power and the right to monitor.Our company has longbeen controlled by a few people, then the company directors andthe board of supervisors of the company selection is not perfect,causing the controlling shareholder not only control theselection of the director, even supervisors will attached tothe power of the large shareholders, and then can only beelected. Thus cause for a long time for a "supervisors don’tmonitor" phenomenon. Investigate its basic reason lies in thelack of independence of the board of supervisors.The right balance and supervision is the basic principlesof corporate governance. the board of supervisors system is to achieve the right balance of important system arrangement. Theboard of supervisors of the company law of our countryprovisions for the company internal supervision mechanism,since the company law promulgated, the board of supervisorssystem operation situation is not so optimistic.In this case,independent directors and supervisors of outside of systemdesign should be introduced into China or not.The corporategovernance structure has resulted in the discussion of scholars,and the parties debate. In this situation, sift and review ourcountry board of supervisors system is very necessary. As isknown to all, supervision mechanism is the healthy and stableoperation of important protection. Supervision asked forefficiency and cost optimization of the balance between.In thecomprehensive view, the board of supervisors system ineffective supervision and the company’s management behaviorand control the cost of supervision.The board of supervisorsystem plays an important role.This paper from the current status,and attempt to find our country at present the board of supervisors eroded the stickingpoint, that the law and system design reasons, the company’sorganizational structure and the independence of the board ofsupervisors problems appeared on the bloomer, however, whetherthe system of independent directors or supervisors alsoexternal system, external is form, independence is the basicproperties. Therefore, with the introduction of externalsupervisors and independent director system caused the companyinternal control mechanism of ambiguity in efficiency, causedthe company internal control permissions confusion, affect thecompany internal control effectiveness. As, from our companyboard of supervisors operation of the real problems, analysesthe deep reason of the lack of independence of the board ofsupervisors, find a solution to the problem of the lack ofindependence of the board of supervisors, the method measuresthe level of legal system is regulated, ensure theimplementation of the implementation.From this view, our company internal control model of improved basic direction should be from strengthening theindependence of the supervisor to make the board of supervisorsplay its proper role. This paper intention from our companyboard of supervisors system operation of the reality, thispaper analyzes the cause of the lack of the independence of theboard of supervisors, and at the same time referenceindependence play good independent supervisors system keep theindependence of the advantages of the system design, how toguarantee the independence of the board of supervisors shallput forward some legal level advice.We hope that this paper to the board of supervisors systemlack of independence of the status qu of the problem have arelatively clear outline, for how to establish perfectguarantee the independence of the board of supervisors legalnorms to make a beneficial exploration for the company, and theboard of supervisors plays its function to the development ofthe corporate governance mechanism.