我国股份公司监督机制存在的问题与法律对策

Issues on Supervision Mechanism of Chinese Share-holding Companies and Legal Countermeasures

股份公司的监督机制是一个内外结合的监督体系。内部监督水平低、效果差,外部监督机制缺失是股份公司治理的突出问题。扩大监事会权力、完善独立董事制度和股东诉讼机制,建立外部监督机制是完善股份公司监督机制的重要途径。

The supervision mechanism of share-holding companies consists of both internal and external supervision. Whereas in China, poor internal supervision with low efficiency and lack of effective external supervision mechanism have become a serious issue that has been long hindering the development of share-holding companies. To perfect the supervision mechanism within share-holding companies, it lies in the broadened power enjoyed by the board of supervisors, the perfection of both the system of independent director and the mechanism of share-holders' lawsuit, the establishment of the external supervision mechanism.