中国公司治理结构完善中股东权利的保护

完善中国公司治理结构的关键是充分实现股东的权利,从而使股权对经营权起到制衡作用。由于多种不利因素的影响,中国股东权利的实现现状不容乐观,国家资本市场的作用被削弱,公司良性机制难以形成,企业竞争力低下,国家经济、社会生活受到巨大危害。国家应采取有效的措施保护股东权利,完善信息披露制度,完善股东的参与机制,健全股东权利的司法救助机制。

Shareholders' rights protection during company's perfection of the management structure

The well-realized rights of the shareholders of a company,which can set restriction to the power of management, is the key to perfect the company's internal management structure. However, the present state of shareholders' rights is not optimistic because of some negative effects, which could bring harmful influence to the economy and society seriously: the capital market could not function well, no good mechanism could be formed in a company, and the competitiveness of the company would be reduced. A better measure against this situation is for the government to protect the shareholders' rights by perfecting the information disclosing system and perfecting the shareholders' participation system and the judicial salvation system.