Presided by Prof. Wei-an Li, the forum had an in-depth and heated
discussion on the question of the Principles of corporate governance
and the reform of SOEs. In a sincere and healthy atmosphere, participating
experts put forward to many penetrating and original ideas. They
are summed up as follows:
1. On the contents of Principles of Corporate Governance in China
(the Principles). Some experts pointed out that the Principles
must embody fully the interests of stakeholders. From the point
view of Corporate financing, Prof. Yingfeng Qi probed into the
role of stakeholders in the corporate governance. He argued that
the relationship of creditor and corporate is that of agent-principal.
and that a mechanism for the creditor to participate in the corporate
governance should be created in order to protect their interests.
Some pointed out that the principal must pay attention to the
problem of intangible assets. Prof. Yixing Guan (from Nankai)
also advanced that both tangible assets and intangible assets
should be paid due attention, and "consumer, loyalty of employee
and brand value" had become the three trumps of a successful
Enterprise. Prof. Baoku Chen (from Nankai University) argued that
Enterprises must build up the concept of respecting stakeholders.
He said the thoughts of some people that the first and foremost
things were to solve interior problems and it was too early to
take account of the interests of stakeholders. In fact, he then
augured, it was a question of progress as a whole---the inextricability
of exterior question prevented the interior problem being solved.
Prof. Li advanced that; it was not a faraway thing for the enterprise
to pay attention to the interests of stakeholder and it must be
placed on the agenda now.
2. On the legal nature and orientation of the Principles. Prof.
Baoku Chen the argument was partial that the Principles of corporate
governance had no enforcement. What should be stated is that,
the principle had no state enforcement but had legal enforcement.
The extent of effect it took lay on its framer. In the meanwhile,
corporate governance should remedy the deficiency of the law and
benefit the development and amelioration of our country's legal
system. In addition, Prof. Chen also put forward to many legal
problems of universality that the principles should pay attention
and the particularity and legal issues in the corporate governance
of SOEs after WTO from the viewpoint of himself.
3. On the function of the Principles. The experts further discussed
the function of Principles for corporate governance of China.
Xiusheng Chen argued that, the fundamental thing for the Principles
is how to deal with the interests of the agents involved and minimize
the crash of interests. The point is how to arrive at the balance
of economic interests. The Principles is only a basic stipulation
and we must leave enough space for the entrepreneur.
4. On the construction of system of the Principles of corporate
governance. Duty proprietor of China Reform Xuhua Guo pointed
out that, the system of the Principles is open, and dynamic and
ever adjusting, and exploration and innovation in theory should
be encouraged and the Principles should reflect the new practice
in the reform.
5. On the hot topics of SOE reform. Xiao-min Shi, the proprietor
of China Reform, the path of China's reform has the properties
of economic-forerunning, bottom forerunning and micro forerunning.
HE also pointed out that the meeting and the Principles are in
accord with the current economy. The Principles will guarantee
that corporations will develop healthily. Xi-ping Shi, the director
of enterprise Office of the Organization Department of the CPC
Central Committee, first introduced the new progress of reform
in oversize SOEs, and then put the principle into practice and
how to build up normative corporate governance structure. Then
Prof. Li advanced the viewpoint of Special Corporate body and
pointed out that, the direction of state-owned large-scale enterprises
are to be privatizated and become Special independent corporate
bodies. Prof. Yixin Guan also considered that SOEs should be privatizated
and independent director in corporations should attain certain
proportion.
In the End, the participating experts agree unanimously that we
should draw on the wisdom of the masses, and relate the theory
to the practice and advance the research of corporate governance
and accelerate the issue of the Principles.