我国上市公司内部监督机制的立法缺陷及其现实运行问题探析

Problems With the China’s Legislation for the Internal Supervision Mechanism Public Companies

十届全国人大常委会已将《公司法》的修订列入立法规划,因此极有必要廓清《公司法》在上市公司内部监督机制方面的立法和运行不足。本文就我国上市公司内部监督机制主要立法和现实运行问题阐明看法,以期能对《公司法》的修订有所裨益。

Now that the Standing Committee of the 10th National People's Congress has included the task of amending the present corporation law on its legislation program, it is necessary to examine the present corporation law and identify the problems with the law and its operation with regards to the internal supervision mechanism of public companies.In this paper, the author offers his personal view on this issue, in the hope that it will be of some use for the task of amending the present corporation law.