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为保护公司、股东、及公司债权人的合法权益,解决我国公司中普遍存在的监事会虚设的问题,完善监事会制度,强化监事会对公司经营者的监督意义甚大。文章从公司法规定的监事会制度的法定职权和监事会的组成作为研究进路,分析了监事会制度的立法缺陷并提出相应的改进方向。
In order to protect the lawful rights and interests of the company, the shareholders and the creditors of the company, it is very important to solve the problem of the hypothetical board of supervisors which is ubiquitous in our company, to perfect the system of the board of supervisors and to strengthen the supervisory board’s supervision over the company’s managers. The article analyzes the legislative defects of the system of board of supervisors from the legal authority of the system of board of supervisors and the composition of the board of supervisors as stipulated in the Company Law, and proposes corresponding improvements.