亚洲和西方公司治理制度分析:理论和操作问题

Dr. Malik Muhammad Hafeez
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摘要

公司治理的主要概念是那些为公司提供资金的人,其目的是通过提供市场稳定来提高他们的回报。然而,在没有实施公司治理理论动态的情况下,公私伙伴关系的政治口号变得流行起来。英国不仅在欧洲大陆和新兴经济体,而且在世界各地都有公司规范,自那以来,英国一直是公司法律概念和创新的输出国。英国的公司治理模式引起了许多海外国家的共鸣;它提供了一个衡量其他市场公司治理标准的标准。吉百利委员会及其后续委员会提出的想法,在欧洲大陆和其他司法管辖区,特别是在中国、印度、巴基斯坦等新兴经济体,以及那些与英国有旧殖民关系的国家,得到了充分的重视。公司治理结构和安排的差异表现在不同的模式中,但管理层问责问题是普遍存在的。巴基斯坦的公司治理体系包括基于“股东至上理论”的公司治理准则,通过有效可靠的信息披露,让投资者参与到上市公司的管理问责中来,以维持上市公司的良好治理和市场的长期稳定。在亚洲经济体中,家族主导的所有权一直发挥着重要作用,需要竞争性的公司和监管结构。因此,监管机构、政策制定者和企业界也应该清楚,巴基斯坦新的公司法律框架应该对投资者具有吸引力,并通过服务机制为非股东利益相关者提供安全保障。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
An Analysis of Asian and Western Corporate Governance Systems: Theoretical and Operational Concerns
The primary concept of corporate governance is with those who provide capital to the companies and its aim is to improve their returns by providing market stability. However, the political slogan of public-private partnership has become popular without implementation of theoretical dynamics of corporate governance. The UK has been an exporter of corporate legal concepts and innovations since the inception of corporate norms not only in continental Europe and emerging economies but also around the world. The British model of corporate governance struck a chord in many overseas countries; it has provided a yardstick against which standards of corporate governance in other markets are being measured. The ideas developed by the Cadbury Committee and its successors committees have received an ample importance in continental Europe and the rest of the jurisdictions particularly in emerging economies such as China, India, Pakistan and those countries which have old colonial ties with the UK. The variation of the corporate governance structure and arrangement appears in different models but the issue of managerial accountability is common everywhere. The corporate governance system in Pakistan including the Code of corporate governance based on ‘shareholders primacy theory’ that involves investors in managerial accountability of listed companies through effective and reliable disclosure to maintain good governance of listed companies and long-term market stability. In Asian economies, family dominated ownership has been playing influential role, require competitive corporate and regulatory structure. Therefore, the regulatory authority, policy makers and corporate community should also be clear that the new corporate legal framework in Pakistan should be attractive for the investors as well as provide security to the non-shareholder stakeholders through services mechanism.
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