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《公司法》明确了监事会的职能和法律地位,但在国有企业中,普遍存在监事会形同虚设,监事会制度建设落后的现状。笔者分析了监事会职权弱化的原因,并以此为基础,对监事会制度建设,监事如何有效发挥法定职权和监事素质要求提出了充分的建议,对完善国有企业监事会制度建设有借鉴意义。
The “Company Law” clarifies the functions and legal status of the board of supervisors. However, among state-owned enterprises, there is a general situation that the board of supervisors is in name only and the supervisory board system is backward. The author analyzes the reasons for weakening the powers of the supervisory board, and on this basis, provides sufficient suggestions for the establishment of the board of supervisors system, how the supervisors effectively play their statutory powers and the quality requirements of the supervisors, and has implications for improving the construction of the board of supervisors of state-owned enterprises.