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法人治理结构中的监事会受托于出资人(股东),对出资人(股东)出资所形成资产的保值增值和出资回报状况进行监督和控制,因此,充分发挥法人治理结构约束机制所产生效益和作用,在很大程度上,依赖于监事会是否做到“受人之托,尽职尽责”。然而,在我国企业制度的实践中,监事会形同“虚设”,“空壳”化的现象较为普遍、严重,存在事前控制能力弱、反映迟缓等
The board of supervisors in the corporate governance structure is entrusted to the sponsor (shareholder) to supervise and control the value of the assets formed by the capital contribution by the contributors (shareholders) and the return on investment. Therefore, giving full play to the benefits and effects of the corporate governance structure and restriction mechanism , To a large extent, depending on whether the board of supervisors is “trusted by the people, due diligence.” However, in the practice of our country’s enterprise system, the board of supervisors has the same phenomenon of “fictitious” and “empty shell”, which is more common and serious, with weak pre-control ability and slow response