股份公司监事任免机制之比较研究

在现代股份公司中,监事会制度非常重要.监事会能否有效地行使权利在很大程度上取决于其能否保持独立性.监事的任免机制对其独立性的维护至关重要.德国、法国、日本、韩国和我国台湾省的法律都详细规定了监事之提名、选举、任期与连任和解任的制度.通过比较后,发现我国监事任免制度非常粗糙.因此,应借鉴这些国家和地区的经验,将我国监事任免机制予以完善.

On perfection of stock corporations'''' mechanism of appointment or dismissal of supervisors

Supervisor board system is very important in modern stock corporations. Whether supervisory board can exercise authority effectively depends to a great extent on whether it can keep its own independence. The mechanism of appointment or dismissal of supervisors is vital to keep its independence. Germany, France, Japan, Korea and Taiwan of China all make detailed laws to regulate nomination, election, term of office, reappointment and dismissal of supervisors. By comparing ours with those regulations, we can find that legislation of our country is quite rough. Thus, we should use experiences of those countries and region for reference and seek perfection of our own legislation.