论文部分内容阅读
以行政权规定国企经营者薪酬的数量、幅度并予以审批,违反了《公司法》且弊端众多。对此问题的规制应脱离以行政权制约权利的思路,回归公司法的基本权利结构(即三权分立结构),通过强化中小股东、独立董事的权利等措施,真正达到三权的分开、制约和均衡。中美近年的实践表明,权利结构的建设仍然是企业经营者薪酬问题的根本性对策,与动用行政权相比利多弊少。
With the executive power to state the amount and magnitude of SOE managers’ remuneration and to approve them, it violates the Company Law and has many drawbacks. The regulation of this issue should be separated from restricting the right of administrative power, returning to the basic rights structure (that is, the separation of the three powers) of the Company Law and truly separating and restricting the three powers by strengthening the rights of minority shareholders and independent directors And balanced. The practice in recent years in China and the United States shows that the construction of the right structure is still the fundamental countermeasure for the remuneration of the business operators, and the advantages and disadvantages of using the executive power are fewer and fewer.