透過您的圖書館登入
IP:18.218.196.220
  • 期刊

Corporate Governance Model: Shareholder Primacy or Board Primacy?--By Comparative Analysis Between China and Australia

摘要


The corporate governance structure determines in whose hands the decision‐making power for the company's operations. The two current mainstream corporate governance structures correspond to Shareholder Primacy and Board Primacy theories, respectively. There are many types of companies and diverse governance structures in China. Therefore, this paper analyzes the characteristics of different companies in China and compares the advantages and disadvantages of different governance structures. After analyzing the company law practice in Australia, we believe that the reform direction of Chinese company law should be biased towards providing governance templates and recommendations for companies, appropriately relaxing the flexibility of corporate structure, and leaving the decision to corporate autonomy.

參考文獻


Marco Becht, Patrick Bolton and Ailsa Röell, ‘Corporate Governance and Control’ in Handbook of the Economics of Finance (Elsevier, 2003) 1.
Margaret M Blair, ‘Reforming Corporate Governance: What History Can Teach Us’ (2004) 1 Berkeley Bus. LJ 1.
Lynn A Stout, ‘New Thinking on" Shareholder Primacy"’ (2012) 2(2) Accounting, Economics, and Law.
Nick Robins, The Corporation That Changed the World: How the East India Company Shaped the Modern Multinational (Pluto press, 2012).
John C Coffee Jr, ‘Liquidity versus Control: The Institutional Investor as Corporate Monitor’ (1991) 91 Colum. L. Rev. 1277.

延伸閱讀