所有权、经营权、监督权“三权分立”是现代公司有效运行的基本标志,监督权的设置和完善是其核心问题。针对当前国有企业公司化改制过程中监督弱化的现象,应当合理地选择监督者,设定其相应的监督权,以使公司制运行过程中产生的道德风险降到最低。

With the establishment and improvement of supervisory authority at its core, the separation of powers into three divisions, namely ownership, management and supervision, is a basic indicator of effective operation in modern companies. Given that supervision is weakened during state owned enterprises' transition into companies, it becomes important that appropriate supervisor be selected and corresponding supervisory power established so as to minimize any moral risks that shall arise in the operation of the company system.