股份公司监事会独立性的强化与保障

The Reinforcement and Protection of the Independence of the Board of Supervisors in Joint-stock Companies

监事会的独立性是监事会监督职权行使的前提和基础,必须加以强化和保障。对监事会独立性强化的制度设计,应增设公监事和债权人监事。当公司正常营运时股份公司的监事会应由公监事、股东监事、职工监事组成,当公司财务陷于困难时股份公司的监事会应由公监事、债权人监事、职工监事组成。对监事的提名、选举、任期、报酬等具体制度应进行必要的改革。

The independence of the Board of Supervisors is the prerequisite and basis to exercise supervisory board＇s supervision authority, which needs to be strengthened and protected. Considering the system design of the reinforcement of the independence of the Board of Supervisors, it is necessary to create public supervisors and creditor supervisors. The Board of Supervisors of the joint-stock companies should include public supervisors, shareholder supervisors and staff supervisors when a company is in normal op- eration, and public supervisors, creditor supervisors and staff supervisors when in financial trouble. It is also necessary to reform the exact systems such as the nomination and election of supervisors, the supervisor＇s tenure and remuneration and so on.