论上市公司公监事制度的创设

On the Creation of the Board of Civil Supervisors in Listed Companies System

本文对我国上市公司监事会运行现状进行考察,指出监事会监督制度存在失灵的现象,其症结是监事会和监事独立性不足,且其行使职权的各种配套制度措施不健全,以及我国公司信用体系制度尚未建立。在此基础上提出由证券监管部门委派公监事重新建构上市公司监事会的构想,并对具体制度进行了实务性构架。

This paper is based on investigations of the boards of supervisors of listed companies opcrating in China to inspect their status. The board of supervisors sometimes fails to function effectively, the crux of the matter is the lack of independence of the board of supervisors, the exercise of power and its various supporting systems are not perfect, and the company credit system has not been established. On this basis, this article suggests security regulators appointed by the board of supervisors to reengineer the concept of the board of supervisors in listed companies and the construction of specific system.