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监事会能否有效地行使监督权,在很大程度上取决于它是否保持自身的独立性。保持监事会的独立性,需要有监事的任免机制、议事机制、表决程序等一系列具体制度予以支持。而其中任免机制无疑是最为关键的环节之一。科学合理的任免机制将从组织程序上保证选派合格的人员担任监事,从而避免让那些主体资格不符、素质不够及可能存在妨碍公正、高效行使监督权的人进入监事会,并为监事设立相应的身份保障制度,保障其合法权益不受侵犯,为其行使监督权消除后顾之忧,从而保证监事会职能的实现。本文拟对上市公司监事任免机制作一比较研究,以期对我国监事任免机制的完善有所裨益。
The ability of the board of supervisors to exercise its supervisory power depends to a large extent on whether it maintains its own independence. Maintaining the independence of the board of supervisors requires a series of specific systems such as the appointment and dismissal mechanism for supervisors, the mechanism for deliberations and the voting procedures. Which is undoubtedly the appointment and removal mechanism is one of the most crucial aspects. A scientific and reasonable appointment and dismissal mechanism will ensure the selection of qualified personnel as supervisors in organizational procedures so as to avoid allowing those who are incompatible with the qualifications of the main body and whose qualifications are not sufficient and may impede the fair and efficient exercise of the right of supervision to enter the board of supervisors and establish the appropriate status for the supervisors Guarantee system, guarantee their legitimate rights and interests are not infringed, and exercise their supervisory authority to eliminate worries and to ensure the realization of the functions of the board of supervisors. This article intends to make a comparative study on the appointment and release mechanism of listed company supervisors, in the hope of improving the appointment and dismissal system of supervisors in our country.