论股份公司监事任免机制之完善

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监督权,在很大程度上取决于其自身是否独立。监事任免机制在维持其独立性方面至关重要。德国、法国、日本、韩国和台湾省法律都详细规定了监事之提名、选举、任期与连任和解任。通过与这些国家进行比较,发现中国监事任免制度非常粗糙。因此,应借鉴这些国家的经验,对中国监事任免机制加以完善。

On Perfection of Stock Corporations' Mechanism of Appointment or Dismissal of Supervisors

In modern stock corporations,supervisor board system is very important. Whether board of supervisors 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 all make detailed laws to regulate nomination, election, term of office, reappointment and dismissal of supervisors. By comparing with those countries, we can find that legislation of our country is quite rough. Thus, we should use experiences of those countries for reference and seek perfection of our own legislation.