家族上市公司创始股东控制权问题初探——以国美控制权之争为例

Family listed company original shareholder control rights problem probing—take Gome control rights fight as example

国美控制权之争让家族上市公司创始股东控制权问题成为社会的焦点话题。从公司内部权力机构的配置、公司章程的设置以及职业经理人的规范等三个角度深入分析,可以探寻到家族上市公司创始股东控制权弱化的制度根源。健全董事会与监事会制度、完善公司章程与规范职业经理人制度等措施成为解决上述问题的根本途径。

The problem on the contention of originate stockholder in family listed companies have become the focus of the society again as the result of struggle of the company of GuoMei.This article intends to find the institutional roots of the weakening of control power of family listed companies＇ founding shareholders through the analysis of the configuration of authority within the company and the articles of association,as well as the issue of the norms of professional managers.It is the fundamental way to solve this problem that we must strengthen board of directors and board of supervisors,improve the articles of association and the norms of professional managerial system.