论股份有限公司监事会制度的完善

On the Perfection of the Boards of Supervisors System for Share Limited Company

我国股份有限公司监事会的现有构造中 ,无论是职工监事还是股东监事行使监督权均存在制度障碍 ,不敢或不愿行使监督权。引入独立董事制度有利于改善公司的内部监督机制 ,但不能取代监事会的作用。完善监事会制度 ,一方面应建立独立监事制度 ,以增强监事会的独立性 ;另一方面 ,应建立职工监事行使权利的保障机制。

In the existing system of boards of supervisors for share limited company, both worker's supervisor and shareholder supervisor meet system obstacle when they exercise their rights of supervision, that is, they dare not or unwilling to exercise their rights of supervision. Introducing independent director system may help to improve interior supervision mechanism of Company, but can't replace the function of the board of supervisors. To perfect the system of board of supervisors, on one hand, the independent director system should be set up in order to strengthen the independent character of the board of supervisors; on the other hand, the security mechanism guarding worker's supervisor to exercise their right should also be set up.