上市公司监管法规的机制设计——以萨班斯奥克斯利法案为例

Mechanism Design towards the Legislation of Public Company Accounting Oversight: Taking the Sarbanes Oxley Act as An Example

如果上市公司监管法规中缺少"机制设计"元素,那么"违规"行为就会发生。而简约的数学描述及推理在证明限制性规则与制衡性规则"先天不足"的同时,也证明了机制设计性规则的科学性。通过产权清晰机制和镜像机制等"冰床机制"设计,同时辅以"反制机制"设计,机制设计性规则体系是可以建立的,它的建立是理想的、有效的上市公司监管规则设计的必然选择,也是今后诸多经济规则设计的明智取向。

There are a lot of controversies on the effects of the SOX implementation, but without any other further research on the mechanism that causes good or had consequences. This paper presents a meaningful solution to the monitor of stock market and the management of the companies. We consider that lawbreaking behavior towards the legislations of public company accounting oversight, including SOX, must take place if lacking the elements of mechanism design in those acts. And the mechanism of clear definition of property right, mirroring mechanism, and countermeasure mechanism should be a better way to get the mechanism design constructed. Such a construction is an inevitable choice for the design of relative rules and regulation of ideal and effective listed companies＇ oversight and it is also a wise orientation for the design of economic rules and regulations.