The Choice Of Corporate Governance Model In China Under The View Of The Revised Company Law

As a hot topic and difficult problem in our country,corporate governance involves many fields.In view of the author’s own level,the author regards "shareholders’ meeting centralization" and "board of directors centralization" as two paradigms to study corporate governance system.At present,there is a great controversy about who is superior or who is more in line with the development trend of corporate governance system,and even because of the theoretical controversy,it has caused great trouble to the system construction and practical choice of corporate governance in China.China’s corporate governance structure still maintains the traditional shareholder general meeting centralism,but the current situation can not meet the needs of the development of various types of companies in China.Based on market demand,value orientation and other factors,China’s corporate law firm needs to learn from the United States,Britain,Germany and other countries,introduce the board of directors centralism governance structure and refer to the construction of the board of directors centralism governance model.However,there are some problems in the practice of these two corporate governance models.The author thinks that we should jump out of the preset logic inherent in these two corporate governance models,start from the advantages of these two corporate governance models,and study the needs of our corporate governance practice.In this paper,the basic theory of the two corporate governance models is deeply analyzed,and through the comparative analysis of the foreign governance model,the dilemma of the corporate governance model in China is tried to find a governance model suitable for the development of the company at the present stage of our country.The first chapter first summarizes the relevant contents of corporate governance,and then combs and analyzes the relevant theories of shareholders’ centralism governance model and board of directors centralism governance model,so as to pave the way for the choice of corporate governance model in China.The second chapter introduces the background and reasons of establishing the board of directors-centered governance model in the legislation of the foreign major developed countries,and tries to provide legislative reference for the choice of corporate governance model in China.The third chapter analyzes the advantages and disadvantages of these two corporate governance models and the practical difficulties of the current corporate governance model in China,and finds the crux of the problem for the choice of corporate governance model in China.The fourth chapter focuses on how to build a governance model that meets the needs of the development of Chinese companies.According to the development scale of enterprises in our country,the development road,the political and legal system and the social and cultural tradition,the specific organization setting template is formulated for different types of companies to choose independently.In addition,the authority of each organization is clearly divided,and the incentive and restraint mechanism of each organization is perfected.In addition,the information publicity system is designed.