Research On The Employee Director System Of The State Investment Company

The company is one of the most important and active subjects in the contemporary social and economic development.The development of the company is of great significance to a country and even the world.Countries pay more and more attention to corporate governance.China has continuously improved the company law and promoted the modernization of corporate governance.The revised draft of the company law has been published to the society.The draft has revised the legislation of state-owned enterprises,stipulated the concept of "state-invested company " and listed separately.State-invested companies occupy an important position in China’s economy and have been receiving much attention.Employee director is an important form of employee participation in company management.The development of employee director system is in line with the trend and requirements of modern enterprise development,and is of great significance to realize democratic management and enhance the competitiveness of enterprises.Studying the employee director system of state-invested companies helps to improve the board structure of state-owned companies,enhance the effectiveness of internal corporate governance,and promote research on the steady increase of national capital,the reform of state-owned enterprises,and corporate social responsibility.The employee director system has played a certain positive role in the democratic management and supervision of the company,but the voice of questioning the system has not stopped.At present,the academic research on the employee director system is not yet mature,and the institutional value has not been fully demonstrated.In order to meet the requirements of corporate governance and give full play to the due value of the system,the law should respond to this issue.This article uses comparative research,historical analysis,normative research,and value research methods.The research scope is not limited to law.It sorts out and analyzes the system from multiple disciplines and multiple perspectives.With theory and practice,foreign and domestic orientation,in order to propose suggestions for improving the employee director system of state-invested companies.In addition to the introduction and conclusion,this article is divided into four parts.The first part discusses the basic theory of the employee director system of state-invested companies.This part first defines employee directors and discusses the characteristics of the employee director system in China’s state-invested companies.Secondly,sort out the main theoretical basis of the system.Thirdly,it expounds the theoretical and practical value of the system,which lays a theoretical foundation for the later system research.The second part discusses the problems and causes of the practice of the employee director system of the state-invested company.This part first summarizes the establishment and development of the employee director system,and analyzes the current situation of legislation and practice of the employee director system of state-invested companies.Secondly,it points out that there are some problems in practice,such as unreasonable identity of employee directors,weak sense of responsibility and insufficient protection of rights and interests.Finally,analyze the reasons for the existence of practical problems,and find that the legal provisions are not detailed enough,do not combine local culture,and lack of special management organizations.The third part discusses the experience of foreign employee director systems.By comparing the legislation and practice of Germany and Japan,and drawing on the mature experience of other countries,relevant system provisions should be refined,the functional orientation of employee directors should be defined,and the protection of the rights and interests of employee directors should be improved.The fourth part puts forward some suggestions to improve the employee director system of state-invested companies.The improvement of the employee director system in China should reasonably determine the candidate of the employee director,refine the legislation of the employee director system in combination with the local culture,establish the employee director association,and implement the employee director performance guarantee mechanism.