论我国改制企业治理结构的现状与完善

目前,我国对国有企业实行公司化改制,应建立起一种理性的公司法人治理结构.但我国国有企业公司化改制后,由于持股比例失衡,导致公司法人治理结构的变形,股东会设置形式化,董事会的权力由集中走向集权,经理机构的权力过大,监事会的监督作用未能充分发挥,影响了公司法人治理结构的正常运转.当前,应从合理配置与制约现有的公司内部权力资源出发,科学地构建改制企业的内部治理结构.

On China's Present Reorganization of State-owned Enterprises and their Improvement

Nowadays, China is rebuilding the state-owned enterprises ac- cording to the Corporation Law. A rational structure of managing enterprises is necesary for the enterprises to run properly. Unfortunately, the cooporationized state-owned enterprises do not run properly due to the following practises: the structure of corporation-managing is deformed out of the unbalanced rate of shareholding;;the board of share-holders is virtually formalized; the board of directors has changed from centralization to monopolization; the managerial organ is too powerful and the supervisory board can't function properly. all the above mentioned practises lead to an abnormal operation of the corporations. Therefore, it is vital to have a reasonable limitation and control of the inner power resources of the corporations so as to construct a sound inner managing frame of the state- owned enterpises.