国有垄断企业高管薪酬法律规制探讨

发布时间：2018-06-30 17:47

  本文选题：国有企业 + 垄断性　； 参考：《西南科技大学》2015年硕士论文

【摘要】：自上次全球金融危机以来已时隔七年,但国有企业高管薪酬仍是公众的重点关注对象,大型的垄断性国有企业作为国企的典范,其高管薪酬更是社会各界讨论的焦点。通过对我国国有垄断性企业高管薪酬进行现状考察,发现其呈现出“畸高”的形态。而法律规制的是问题,不是某种形态,所以我们必须分析出哪些原因导致了国有垄断性企业高管薪酬的不合理性。除此之外,我们还需要较为完善的法律机制作为制度基础和规制依据来矫正不合理的国有垄断性企业高管薪。对我国现有的法律体系分析来看,其对高管薪酬问题的规制体系还不健全,规制内容稍显杂乱,对亟待解决的不合理性的国有垄断性企业高管薪酬的规制效果也可见一般。为了有效矫正“畸高”的国有垄断性企业高管薪酬并维持其合理性,就必须循序渐进,首先对目前较为突出的问题建立法律机制进行有针对性的规制,再逐步发展我国的高管薪酬法律机制,建立和健全高管薪酬的法律规制体系,做到有法可依且法治健全。本文采用比较法的法学研究方法,对国外国企高管薪酬的法律规制情况进行了考察,再阐明我国法律在国有企业高管薪酬规制的体系和内容方面存在的问题。提出将国有企业高管薪酬进行分类管理,对于竞争性质和垄断性质的国企高管薪酬实行不同的法律规制制度。国有垄断性企业由于垄断优势,导致其薪酬不能合理反应高管的经营业绩,需要有针对性地建立其薪酬法律机制。
[Abstract]:Seven years have passed since the last global financial crisis, but executive compensation of state-owned enterprises is still the focus of public attention. Large monopoly state-owned enterprises as a model of state-owned enterprises, their executive compensation is the focus of discussion in the community. By investigating the current situation of executive compensation in state-owned monopoly enterprises in China, it is found that it is "abnormally high". But the legal regulation is a problem, not a certain form, so we must analyze what causes the state-owned monopoly enterprise executive compensation unreasonable. In addition, we also need a more perfect legal mechanism as the institutional basis and regulatory basis to correct unreasonable salary of state-owned monopoly enterprise executives. According to the analysis of the existing legal system of our country, the regulation system of executive compensation is not perfect, the content of regulation is a little messy, and the regulation effect of executive compensation of state-owned monopoly enterprises that need to be solved urgently can also be seen in general. In order to effectively correct the "abnormally high" executive compensation of state-owned monopoly enterprises and maintain its rationality, we must proceed step by step. Firstly, we should set up a legal mechanism to regulate the outstanding problems at present. Then we should gradually develop the legal mechanism of executive compensation in our country, establish and perfect the legal regulation system of executive compensation, and make sure that there are laws to be followed and the rule of law is sound. In this paper, the comparative method is used to investigate the legal regulation of the executive compensation of state-owned enterprises abroad, and then to clarify the problems in the system and content of the executive compensation regulation of the state-owned enterprises in our country. It is proposed that the executive compensation of state-owned enterprises should be classified and regulated by different laws and regulations for the competitive and monopolistic nature of the executive compensation of state-owned enterprises. Due to the monopoly advantage, the salary of the state-owned monopoly enterprises can not reflect the management performance of the executives reasonably, so it is necessary to establish its compensation legal mechanism.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.291.91
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本文编号：2086332