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为了维护公司以及股东、债权人的利益,我国公司中股东会、董事会以及监事会相互制衡。目前,我国公司立法虽然对监事会有规定,但是这些规定已经不能完全适应高速发展的公司要求。本文从我国公司治理实践出发并借鉴外国及其他地区的法律规定,拟对监事的资格、监督权行使、监事报酬等做出适应我国公司发展的需要。
In order to safeguard the interests of the company as well as the shareholders and creditors, the shareholders’ meeting, the board of directors and the board of supervisors of the company in our country will check and balance each other. At present, although the legislation of our country has provisions for the board of supervisors, these regulations can not fully meet the requirements of fast-growing companies. Based on the practice of corporate governance in our country and using the legal provisions in other countries and regions for reference, this paper proposes to adapt the qualifications of supervisors, the exercise of supervisory power and the remuneration of supervisors to the needs of the development of Chinese companies.