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Essay代写:The board of supervisors

2018-09-28 17:09:07 | 日記
下面为大家整理一篇优秀的essay代写范文- The board of supervisors,供大家参考学习,这篇论文讨论了监事会。监事会作为企业内部实施监督作用的机构,对于企业的全面协调可持续发展起着重要的作用。监事会作为企业的监督机构,是股份有限公司的必设机构。监事会监督权的合理安排及有效行使,是防止董事独断专行、保护股东投资权益和公司债权人权益的重要措施。

The board of supervisors, as the main supervising organization, plays an important role in the comprehensive, balanced and sustainable development of enterprises. This essay defines the meaning of comprehensive, balanced and sustainable development of enterprises, and analyzes the role and existing problems of the board of supervisors in the comprehensive, balanced and sustainable development of enterprises. It is proposed to enhance the independence of the board of supervisors. Enhance the professionalism of the board of supervisors; Adjust the setup of the board of supervisors; Strengthen the encouragement and punishment of supervisors.

Enterprise is an organization that has the life activity of organic, it has the ability of the external performance of multi-level and corresponding, explicit the competitiveness of the enterprise is the enterprise in the actual competitive environment through the study of the organic integration of strategic resources in the form of survival and development ability, only all levels of ability to harmonious development of enterprises to survive, and live better. As a realistic enterprise, first of all, it should ensure its survival, that is, its ability of sustainable development. The basic requirement of the scientific outlook on development put forward by the 17th national congress of the CPC is to pursue comprehensive, coordinated and sustainable development. For an enterprise, adhering to comprehensive, coordinated and sustainable development is also a basic requirement for its development. Rui mingjie believes that in the foreseeable future, enterprises can control resources on a larger scale, seek a larger market share, and conquer themselves, so as to achieve good development. According to huang and lu sheng, the sustainable development of the company can be studied in the narrow and broad sense. In the broad sense, it refers to how listed companies, as micro subjects of macro economy, maintain harmony and unity with the sustainable development of natural, humanistic and social resources. Hai-lin xiao, fang-hua wang believes that sustainable development refers to the enterprise as a non-profit organization and organization to create wealth, which is engaged in the business to create wealth in a longer period of time, constantly achieve self-transcendence, changed from small to big, from weak strength, namely the ability of resource allocation or competitiveness, consistently achieve is not lower than the market average profit margin of profit, to meet the reasonable interests of the enterprise stakeholders requirements. The author thinks that the enterprise must insist on the comprehensive coordinated sustainable development is to make the enterprise has the three natures -- durability, growth and innovation. Persistence means that the enterprise will continue to operate in the foreseeable future or in a longer period of time; Growth means that the enterprise keeps expanding, dominates more resources and occupies more market shares on the original basis. Innovation means that an enterprise can discover its own shortcomings, constantly improve, update its governance structure, change its rules and regulations, etc., so that it can achieve self-transcendence.

The author thinks that the key factors influencing the comprehensive, coordinated and sustainable development of the company mainly include financial flexibility, operation effect and management efficiency. Financial flexibility refers to an enterprise's ability to change the amount and time of cash flow in the short term to adapt to unforeseen needs or opportunities; The operating effect refers to the results of the activities carried out by the enterprise in order to achieve the goals set by the enterprise. Energy efficiency governance refers to the institutional arrangement of rights, duties and interests of various stakeholders within the enterprise, including how to motivate and restrain the controlling shareholders to do their best for the enterprise and how to motivate and restrain the management to do their best for the enterprise, which belongs to the soft assets of the enterprise. Financial flexibility, operation effect and governance efficiency three key factors associated with each other and influence each other, to the enterprise comprehensive, balanced and sustainable operating conditions, the former is the direct cause of enterprise comprehensive, balanced and sustainable management, which is the foundation of enterprise comprehensive, balanced and sustainable management power, the operating effect is the inner base of enterprise comprehensive, balanced and sustainable management, governance is a comprehensive, balanced and sustainable management of energy efficiency of endogenous power, their interaction, together constitute the three factor of enterprise comprehensive, balanced and sustainable business model. The board of supervisors, as the supervising organ of an enterprise, is a necessary institution of a joint stock limited company. The reasonable arrangement and effective exercise of the supervisory power of the board of supervisors is an important measure to prevent the directors from acting arbitrarily and protect the shareholders' investment rights and the company's creditors' rights. The main functions of the board of supervisors in China include: checking the internal financial system and procedures of the company; Supervise the performance of the company's directors and senior managers, and correct their violation of the company's interests; When the board of directors fails to perform its duties, it proposes to convene an interim general meeting. From this, it can be seen that these functions of the board of supervisors are mainly implemented through the overall supervision of enterprises, including the operating situation of enterprises, financial accounting information, and the violation of laws and regulations of the implementers, which in turn reflects the financial flexibility, operation effect and management efficiency of enterprises. Therefore, the board of supervisors needs to supervise the enterprise's financial flexibility, operation effect and governance efficiency, so as to evaluate whether the enterprise can achieve comprehensive, coordinated and sustainable development. And you can see the relationship.

Independence is the fundamental guarantee to realize the supervisory functions and powers of the board of supervisors. At present, there is no definition or standard of independence in the company law, which takes independence as the precondition for the supervisor's qualification. Judging from the composition of the board of supervisors, it is difficult for the board of supervisors to maintain its independence. According to article 118 of the company law, the board of supervisors shall include shareholders' representatives and employees' representatives in an appropriate proportion, of which the proportion of employees' representatives shall not be less than one third. Because these employee representatives are in unequal status with directors and managers, and lack of safeguard mechanism, they are easy to be controlled by directors and managers, so their independence is weakened. According to a survey conducted by li weian and zhang ya-shuang,73.40% of supervisors are representatives from inside enterprises. As supervisors of the company's internal employees, they are in a relationship with the subject being supervised, which is economically subordinate to the company manager and difficult to independently exercise the supervision power. In addition, according to article 38 of the company law, non-employee supervisors of the board of supervisors shall be elected by the general meeting of shareholders, and the general meeting of shareholders shall have the right to determine the remuneration of directors and supervisors. But, because our country equity concentration, "a dominant" phenomenon is very significant, the election of supervisors tend to be big shareholder control, even if the "company law" the regulation is the same director manager and financial officers shall not concurrently hold the position of supervisor in the company, but there is controlling shareholders associated enterprises the exchange of directors, supervisors and the situation of the company internal personnel each other part-time jobs. Therefore, the board of supervisors cannot maintain sufficient independence. According to li yanbing's survey of 52 new listed and public offering companies from January to June 1998, 74.47% of supervisors came from major shareholders, 8.78% from other corporate shareholders, 7.11% from affiliated companies and 9.62% from independent people.

In the low level of the culture of the joint-stock enterprise supervisors most of his professional experience for the party, disciplinary, defend or general workers, lack of company management experience and experience, a considerable part of the current supervisor is transferred from the "three meeting" directly or part-time, level compared with the authority of the board members, members of the board of supervisors clearly. According to the statistics of tian zhilong and others,50,3% of the chairman of the board of supervisors of listed companies is a junior college degree, more than half of the chairman of the board of supervisors is also a junior college degree, and less than half of the effective sample of company supervisors are a junior college degree. Li wei 'an and zhang ya-shuang also showed that the educational level of supervisors was 72.0% below junior college level, which was significantly lower than that of other managers. This situation decides that supervisors are not qualified for financial supervision. The organization department of Shanghai municipal committee of the communist party of China (CPC) conducted statistics on 102 supervisors of 24 state-holding listed companies in Shanghai in 2000. From the perspective of professional title, members of the board of supervisors have the professional title of accountant accounting for 8.1 percent, while chairman of the board of supervisors has the professional title of accountant accounting for 3.0 percent. Nankai university in 2002, according to a study of political work cadres and trade union representatives two combined account for 60.82% of the members of the supervisors, some companies set the board of supervisors to disperse surplus staff and retired personnel of channels, such as many companies after the transformation, the original enterprise the factory director, secretary, and bear the important position of deputy director as chairman and general manager, director, and in the past, in charge of general affairs deputy secretary of the cadres are arranged in the board of supervisors.

In order to solve this problem, the incentive mechanism of the company must be improved. For example, the company law should stipulate that the remuneration of the supervisor should not be lower than that of the director. The compensation incentive mechanism of British and American independent directors can be used for reference, so as to give supervisors a generous salary and link their long-term interests with the operation of the company. If stock options or combination of cash and options are adopted, they can have the residual claim of the company, so as to stimulate their subjective initiative of supervision. While improving the incentives for the supervisors, the punishment for the supervisors' violation should also be strengthened. In the company law, it should clearly stipulate how the company punishes the supervisor for violation and how to bring a lawsuit. The company may file a lawsuit against the supervisor in two ways. First, the company may, through the general meeting of shareholders, form a resolution and entrust the chairman or director or other person as the representative of the company to file a lawsuit against the supervisor. Second, when the major shareholders control the various organs of the company, the minority shareholders can be granted the right to file a representative lawsuit. At the same time, the board of supervisors shall strengthen its liability to the third party and assume joint and several liability related to directors.

51due留学教育原创版权郑重声明:原创essay代写范文源自编辑创作,未经官方许可,网站谢绝转载。对于侵权行为,未经同意的情况下,51Due有权追究法律责任。主要业务有essay代写、assignment代写、paper代写、作业代写服务。

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Assignment代写:Enterprise management innovation

2018-09-28 17:08:34 | 日記
下面为大家整理一篇优秀的assignment代写范文- Enterprise management innovation,供大家参考学习,这篇论文讨论了企业管理创新。管理创新是现代创新理论的一个重要部分,它已经成为当代企业发展的核心。管理创新经过多年的研究与实践发展,其包含的具体内容已经基本上比较全面,任何有创新精神的管理方法和技巧都是管理创新的具体内容。

Management innovation is an important part of modern innovation theory, which has become the core of modern enterprise development. Only by constantly innovating can an enterprise be invincible in the market competition. Western management masters also emphasize innovation in management when studying management, believing that only innovative enterprises have the power to develop. Management innovation has not been applied to Chinese enterprises, especially state-owned enterprises for a long time. Therefore, it is of great practical significance to study management innovation of Chinese state-owned enterprises.

State-owned enterprises are the pillar of our national economy, and the modern enterprise system with public ownership as the main body is the foundation of the socialist market economic system. The state has attached great importance to the reform of state-owned enterprises. It can be said that the reform of state-owned enterprises has never been interrupted in the past 20 years, and the reform of state-owned enterprises has gradually developed from the original planned state economy to a perfect market state economy.

At present, China's enterprise management innovation mainly focuses on four aspects: first, enterprise strategy innovation. The competition among enterprises, especially among large enterprise groups, is manifested to a considerable extent in the competition of strategic thinking and strategic positioning. Strategic management is fundamental and long-term, which is of decisive significance to the sustainable development of enterprises. Second, the human-oriented management innovation. This is one of the latest trends in international management. Its meaning is to meet people's needs in survival, mutual relations and growth, and mobilize the initiative and creativity of individuals to achieve a win-win situation of enterprise development and employee development. This is mainly to achieve sustainable development and to actively implement the national policy of "sustainable, rapid, coordinated and healthy" on national economic development. The trend of economic globalization and regional integration has become irreversible.

After the research and practice development of many scholars, the specific content of management innovation is basically comprehensive, and any innovative management method and skill is the specific content of management innovation. The author summarizes and summarizes the content of management innovation as the following four aspects:

The innovation itself needs a kind of advanced management thought, the innovation also is the thought innovation above all. There are many innovative ideas. One of them is to advocate the management concept of "doing nothing management", which brings management to a higher level and a higher level. Everyone is a manager and a participant in major decisions. The emergence of the idea is, which is closely linked with the network technology in today's increasingly developed as a result of the virtual office state has gradually become a trend, is bound to break the traditional authority management and strict management, and means that the organization of the separation of powers, distribute the power from the hand of the leader to members of the organization, so that employees get the opportunity to deal with problems independently. At this time, the leader of the enterprise is no longer the clever President, but the network node of collective wisdom. The innovation of corporate culture is to cultivate a people-oriented corporate culture. In the era of knowledge economy, the enterprise culture regards people as "cultural people", pays attention to exploring their internal potential and enthusiasm, and lays stress on the realization of human function and value. Now often referred to as "flexible management", it is a kind of people-oriented corporate culture. Through the direct communication between managers and employees, managers pay more attention to the needs of employees and provide more space for employees to develop their career.

The innovation of enterprise system mainly refers to the reform of property right system and establishment of legal person management structure. For a good enterprise system, the most important one is to implement the responsibility system and the second one is to implement the shareholding system. At the same time, the internal management of enterprises must be institutionalized. The construction of the board of directors is the core to form the modern corporate governance structure.

The development of enterprises should be forward-looking. In today's development of economic globalization, it is very necessary for enterprises to formulate the operation strategy of globalization. To adapt to the changes of economic environment, adapt to market requirements. The strategy of globalization requires enterprises to allocate capital, develop labor force, technology and other production resources globally, and establish a set of efficient production system based on international division of labor and coordination. Organize the development of technology according to the development level and advantage of different area; Develop and utilize human resources according to the cultural background of different regions and the needs of enterprises. In order to speed up the internationalization process, quickly occupied the global market. As a result of the enterprise product sales is the operation and management activities of a very important link, therefore management innovation also included in the sales channels, mainly refers to the way of marketing innovation, with network means becoming more developed at present, network marketing has become a new channel, information network technology into every link of circulation of commodities, realized the fundamental change of traditional business management.

Management technology innovation mainly refers to the development of knowledge-based production factors. In the era of knowledge economy, high and new technology has penetrated into the production, supply and marketing of commodities. Whoever takes the lead in technological innovation and owns advanced technology to produce new products with lower cost, greater utility and better ability to meet the needs of consumers will be in an invincible position in the competition. On the contrary, it will be at a disadvantage in the competition and be eliminated by the market. Since most technological innovations have the characteristics of high efficiency, low consumption and less impact on the environment, they can improve the efficiency, speed up, adjust the structure, optimize the allocation and achieve the best combination of enterprise elements, so that the enterprise can always maintain vigorous vitality.

Enterprise management innovation conforms to the basic behavioral process of "lack causes need, advantage needs to decide motive, motive leads to action". Enterprise management innovation is caused by both the stimulation of internal and external environment and the value of innovation subject. The enterprise management innovation needs to be multifaceted, among which the advantage needs to determine a kind of innovation motive. The motivation of enterprise management innovation is the intrinsic motivation of the innovation subject for management innovation and the main reason for the occurrence and persistence of innovation behavior.

The decisive factor of management innovation is the motivation of management innovation, and the motivation of management innovation is the source of motivation for enterprises to carry out management innovation opportunities. Here, we analyze the determinants of management innovation in two aspects, namely the external determinants and the internal determinants.

The external determinants of management innovation are relative to the innovation subject, including both the external determinants of the enterprise and the determinants of the enterprise itself.

The intrinsic determinants of management innovation are the intrinsic motivation of management innovation and the intrinsic motivation and reason for the innovation subject to make the innovation behavior happen and continue.

The external determinant of management innovation is the external pressure of management innovation and the internal determinant of management innovation is the internal motivation of management innovation. Driven by external pressure and internal motivation, the subject of management innovation produces strong desire and motivation for innovation, which leads to the generation of innovation behavior.

51due留学教育原创版权郑重声明:原创assignment代写范文源自编辑创作,未经官方许可,网站谢绝转载。对于侵权行为,未经同意的情况下,51Due有权追究法律责任。主要业务有assignment代写、essay代写、paper代写服务。

51due为留学生提供最好的assignment代写服务,亲们可以进入主页了解和获取更多assignment代写范文 提供美国作业代写服务,详情可以咨询我们的客服QQ:800020041。

essay高分写作指南

2018-09-28 17:08:18 | 日記
在很多留学生眼中,觉得自己和当地学生写作英文论文非常不公平,认为自己要是用中文写的话,分分钟甩他们几条街。这种抱怨其实不会给你带来任何好处,以其整天怨天怨地,还不如自己脚踏实地去提升essay的写作能力。下面就给大家分享一份essay高分写作指南。

其实并不是这样的。

根据权威数据显示,加拿大高等教育毕业生的成绩平均分是B,而且已经持续了将近20年。相比较之下,美国的平均分数是A,而澳大利亚只有D。当然,这个数据高低并不能直接说明每个国家教育质量的差距。

但是,你有没有想过为什么加拿大平均分稳定是B?

回答这个问题之前,要明确一点 -- 就算是英语母语使用者,在加拿大拿到Grade A也不是很容易的一件事。因为大多数学校的专业内部会提前设定或者“永不更改”地确立一个评分平均值,比如70分。也就是说,你的得分,未必是真实的。这也就是为什么有些时候,明明同样的作业,甚至同一个人写的,得分会有差别。

而且,就算没有这些“隐藏”的规矩,Grade A也是属于少数人的 --比如一个50人的班级中,教授或者助教大约只会给5个A,并且其中大部分是A-,只有极少数才能拿到A或A+。

所以,这里并不能保证这个指南能让你拿到A,但起码会让你的分数产生质变。

去上课

去上课。听起来好像很傻,但现状就是如此 -- 很多人逃课。

国外的教授很重视学生对自己课堂的重视程度,如果他认为你上课很认真,他就会在论文批分的时候对你更慷慨一些。并且,如过学生去上课并且积极参与进课堂讨论里面,学生会对课程的内容有更深入的理解,essay的内容就更容易从同学之间脱颖而出。

但是,每个教授都有自己关于A,B,C分数的论文的标准,不要指望着一份C的作业靠人际关系提升到A。

看要求

这个看起来也很傻的提示也是大多数人常犯的问题 -- 没有仔细看过essay的内容指导和具体要求就开始写。

某些情况下,比如大学一年级,“要求”的评分格外苛刻,教授们通常会按照十分严格的标准对作业进行评分。假如要求使用某种格式进行引用,请务必不要使用其他格式。真的以为APA格式错误不会扣分?

如果提交的论文不符合“要求”,永远都没办法拿到高分,甚至还有可能会挂科 -- 没错,也许你的论文内容确实很好。

找老师

教授或者助教的Office Hour是每个学生重要的资源,要善于利用。

他们是拿着工资的,不要觉得这是在麻烦他们 -- 除非,你在快挂科的时候才找他们。在他们的办公时间,学生可以问任何问题,课程内容,作业细节,甚至他们还会帮助学生构思论文大纲或者批改初稿。如果经常去找他们,这也是一种提升教授对学生个人印象的方式,会反馈到最终分数上的。

不过,记得要礼貌一些,学术争论是可以的,但请不要拿着浅薄的知识当作真理吵得不可开交。

写重点

学生在论文中犯的最大错误之一 -- 写不出重点。

尤其是当刚开始构思论文的时侯,很多人的目标确实很“伟大”。但是,不要试图在一篇论文里解释或解决一个“大问题”,除非你确信在“四到六页”的限制里你可以写出一个强有力的论点并且列举足够的令人信服的论据。不然,请尽力将文章内容限制在一个可控的范围内,反而更有可能写出让教授十分满意的essay。

可信度

Grade A的论文很少会出现模糊不清或者论据不明的陈述。

每一个提出的“你所谓的事实”都需要相应的数据,相关搜索,相关论文去支持。

“从一开始,男人和女人就一直在努力相处。”这个句子是不是看起来没有问题?但是,你有没有想过要附加多少相关研究和数据去支撑这个庞大的陈述句?

简而言之,请使用更加精准的,并且容易证明的论点。

要校对

一定,一定,一定要空余些时间来校对最终的论文并且详细检查相关的格式要求。

如果论文连贯性不佳或者内容不符合要求,那么几乎每个部分都会扣分,并且,在大学里对此的评分会比学院更加严格。语法扣分,用词扣分,拼写扣分,格式扣分。别人的满分是100%,你可能只剩60%了。

每个学校都会有Writing Center,这种校对的事情完全可以去让专业人士帮你检查。不要觉得这些只是鸡蛋里挑骨头的事,有很多专业领域,别人判断你“专业不专业”的标准可能只是语法的行文风格。

只要同学们做到了上面说的这些,那么essay的分数是不用愁了。

想要了解更多英国论文写作技巧或者需要英国代写,请关注51Due英国论文代写平台,51Due是一家专业的论文代写机构,专业辅导海外留学生的英文论文写作,主要业务有英国代写、essay代写、assignment代写、paper代写。亲们可以进入主页了解和获取更多关于英国代写以及英国留学资讯,我们将为广大留学生提升写作水平,帮助他们达成学业目标。如果您有英国代写需求,可以咨询我们的客服QQ:800020041。

Paper代写:Management of subsidiaries

2018-09-28 17:07:53 | 日記
本篇paper代写- Management of subsidiaries讨论了子公司的管理。本篇paper代写由51due代写平台整理,供大家参考阅读。如今,许多公司为了扩大经营规模,开始实现行业控制或利用子公司的独立核算和自负盈亏,分散经营风险等目的,通过各种方式控制一部分已有一定基础的企业,使其成为公司的子公司。在对子公司实现基本控制权以后,就需要稳定现有的管理层人员、稳定安抚员工、稳定生产,同时加强对子公司的后续管控。

At present, many enterprises have acquired subsidiaries due to the needs of operation and development, and are prepared to hold them for a long time due to the needs of production development. How should these subsidiaries be managed? This paper mainly discusses how to manage a subsidiary that is prepared to hold for a long time from the aspect of the subsequent management and control of the subsidiary after obtaining the control of the subsidiary, and elaborates how to carry out the follow-up management and control of the subsidiary from the aspects of strategy, culture, values, authority control, personnel control and operation information.

With the rapid development of China's economy, enterprises are becoming larger, more intensive and more collectivized. Many companies may be in order to expand business scale and scope of business, industry control or subsidiary of independent accounting and financial self-sufficiency, decentralized management risk such as the purpose, through various ways to control part of the enterprise has a certain foundation, make the company's subsidiary, so a lot of subsidiary arises at the historic moment, so how to manage subsidiaries?

After achieving fundamental control over the subsidiaries, the next step is to make a smooth transition. It is mainly reflected in stabilizing the existing management staff, stabilizing employees, stabilizing production, and strengthening the follow-up control of subsidiaries. Follow-up control of subsidiaries is a long and difficult task, much harder than the struggle for control. If you want to hold the subsidiary for a long time and enjoy the benefits, you should strengthen the comprehensive control from the following aspects:

In terms of daily management, the full-time department of subsidiary management can be set up to give play to its functions of management, service and coordination. The policies for the management of the subsidiary and the matters submitted for examination and approval by the subsidiary shall be examined and checked by such full-time department, so as to avoid problems of multiple policies, multiple commands and different paces. Supervision, inspection and information processing is one of the important ways for the group to exercise its management functions. However, the number of inspections and the required materials should not be too much, and the attention to the micro issues of the subsidiary should not be too detailed. The functional departments of the group can supervise the subsidiaries by means of joint inspection and centralized treatment of problems, and report the process materials that the subsidiaries must report, and those that can integrate and report should be merged and reported. Therefore, from the perspective of giving full play to the subjective initiative of the subsidiary, the group company, when exercising its management functions, should ensure that the management of the subsidiary must be in place. If the authority is delegated to the subsidiary, it should not intervene in principle and reduce the impact on the daily production and operation activities of the subsidiary. By giving full play to the guidance, service and coordination functions of the group company, the advantages of the parent company and the subsidiary are fully brought into play, and information sharing is achieved to achieve common profit.

Strategic planning can clear direction and goal of enterprise, is the enterprise sustainable development, to do strongly does a compass, strategic control is the focus of the strategic development direction, therefore, subsidiary shall be under the group strategic framework, comprehensive analysis of the country's political and economic situation, the background of the industry status and enterprise actual operation factors, such as formulating enterprise development planning, group subsidiary company's development plan to develop and establish a review and guidance. Through the formulation of strategic planning in the company's management method, on the one hand, it enables the subsidiary to systematically sort itself out, understand its own advantages, weaknesses, development opportunities and threats, establish the main direction of enterprise development in the future, and accurately position itself. It is beneficial for the subsidiary to effectively allocate all kinds of resources under its control, maximize the efficiency of resources, and promote its core competitiveness. On the other hand, the development plan of the subsidiary can form a strong support for the realization of the group's strategy, promote the realization of the group's overall strategic goal, and keep the development strategy of the subsidiary consistent with the parent company's strategy.

Corporate culture is actually the culture of the "core layer". Team building is to unite everyone in the culture of the core layer to form a joint force and cohesion. After the acquisition and control of subsidiaries, cultural differences and conflicts often occur due to the differences in business nature. If the cultural integration cannot be achieved through effective measures, both parties may suffer from "internal consumption". In the process of reshaping the corporate culture of the subsidiary and integrating it with the corporate culture of the parent company, it is necessary to deeply analyze the historical background of cultural differences, objectively judge their advantages and disadvantages and identify the possibility of cultural integration. Then, on this basis, we can absorb the advantages of both cultures and discard their disadvantages, so as to form an excellent culture conducive to the realization of enterprise diversification strategy, and implement it in a practical and steady manner, so as to achieve the true integration state. So how can corporate culture be integrated? First, unified management should be implemented. We should establish a smooth and efficient organization and management organization, identify the responsible person and staff, identify the counterpart, establish a unified management system, and unify the work arrangement and assessment. The second is personnel exchange. Personnel communication can optimize the combination of all levels of leadership, and these personnel are also excellent cultural communicators. Through their words and deeds, they spread excellent corporate culture, infect, influence and guide employees to change their ideas and adapt to the new requirements after enterprise integration. The third is to do a good job of advertising education. Carrying out cultural activities with integration as the main content is an effective means to unite people and inspire morale. When performing education, we should focus on middle managers and above, not only to improve their comprehensive quality, but also to strengthen their sense of identity and belonging to the enterprise after integration, and through them to affect all employees.

The concept determines consciousness, consciousness determines attitude, attitude determines behavior, behavior determines habit. This illustrates the impact of values on behavior. All human behavior is governed by values. It is the norm for people to behave as they do, and it is the most important key to unleash the magical power within people, by which everyone learns and judges their own and the actions of others. In our lives, it doesn't matter if our values are the same as those of others. What matters is whether we value them enough to satisfy them. Although values have always been hidden in people's heart, they have always played an extremely important role, like an invisible baton directing people's words and behaviors. This is the first characteristic of values, which have an unnatural influence on human emotions, and which bring people together in a way that nothing else can. After the parent company gains control, the management of the subsidiary should guide employees to form correct values, form spiritual cohesion and improve the soft power of the company through correct ways and methods.

Performance index control is the most important control means, which can be divided into qualitative and quantitative. Qualitative indicators mainly control the work that is not easy to measure. There are only two situations in which the task can be completed or finished, and the task is not well measured. Quantitative index, then easy to measure comparison. The quantitative indicators mainly include market indicators, asset operational efficiency indicators and debt risk indicators. The assessment of indicators is closely related to the interests of the management, so assessment is one of the more effective and important means of control. In the subsidiary company of revenues, profits and other indicators evaluation at the same time, also should put the enterprise market construction, the internal management, strategic planning and implementation, such as included in the assessment scope, gradually realize the change from a performance appraisal to the value assessment, pay more attention to unit long-term, short-term, and mode of operation and effect on the two interrelated, which conform to the group of companies in the original arrangement of subsidiary companies to invest in the pursuit of profits and the requirement of capital appreciation.

The authority control specifies the authority of the subsidiary, that is, the extent and scope of what the subsidiary can do. Authority control is mainly aimed at the major decision-making behavior in the subsidiary's business activities. Authority control is an essential tool in control, but it is also a double-edged sword. While strict control can be achieved on the subsidiaries, it will easily frustrate the operational enthusiasm of the subsidiaries. Therefore, the application and tightness design of permission control must be considered.

Pair under modern enterpri system, the company's personnel control more from motivation, assessment, rewards and punishments, etc. The perspective of modern human resources management, to design the control mode, formulate corresponding motivation, assessment, rewards and punishment system, regular assessment of the employees, and linked with the rewards and punishment system, the selection of the department manager to the results of the appraisal shall be taken as reference, when came down on the almighty. This can fully mobilize the enthusiasm and enthusiasm of employees. Regular training of enterprise employees, reasonable allocation of personnel, to maintain the best ratio of manpower and material resources, so that everyone can find the most suitable job position, so that they can give full play to their positions, so that they can better serve the general goal of enterprise business strategy.

The main content of information control is to ensure that the operational information of the subsidiary can be timely and accurately transmitted to the parent company. Such information may include market information such as sales, payment collection, major contract execution, etc. Financial statements such as the income statement and cash flow statement; Information of production and operation such as production plan and actual production status. To understand the information is not to get involved in the actual operation of the subsidiary, but to understand the actual situation of operation, to find problems early and prevent risks. Only with this information can we analyze the problem and deal with it in a timely manner so that the enterprise will not go too far off the track.

In short, to effectively control the subsidiary company, to make it consistent with the parent company in the strategic direction, the parent company should be in after the acquisition to strengthen its subsequent controls, at the same time, according to the different situation of enterprise nature for the design of contingency, makes comprehensive management control, solid, at the same time can have cushion, elastic moderate management goal, can play a subsidiary of subjective active initiative and flexibility, and make the operation according to the strategy of the parent company, ultimately achieve the goal of double surplus.

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Essay代写:Plea bargaining

2018-09-28 16:46:06 | 日記
下面为大家整理一篇优秀的essay代写范文- Plea bargaining,供大家参考学习,这篇论文讨论了辩诉交易。在如今的辩诉交易制度中,应当最大限度地保障司法正义的实现,其目的是为了限制辩诉交易的案件范围和交易的内容,并且对辩诉交易实行有效的司法监督,另外设立司法救济手段,对严重牺牲正义的辩诉交易以审判监督程序加以纠正。

Plea bargaining challenges the existing criminal law principles and judicial procedures, but in the tension between the high number of criminal cases and the relatively limited judicial resources, the choice of plea bargaining is both helpless and rational. The critical problem of the existence of the system of plea bargaining is that in the system of plea bargaining, the realization of judicial justice should be guaranteed to the greatest extent. The main way to guarantee judicial justice is to limit the scope of cases and the content and range of transactions. Implement effective judicial supervision on plea bargaining; the judicial relief method is established to correct the serious sacrifice of justice in the plea bargain with the judicial supervision procedure. Plea bargaining can be tested and coexist with judicial justice, so the practice of plea bargaining can enter the view of criminal justice reform.

Most dramatically in the practice of criminal justice reform, the deal between the prosecution and the defense first appeared in mainland China. Plea bargaining breaks the traditional concept of punishment for crime and challenges the principle of appropriate punishment for crime. The more serious challenge lies in the concept of judicial justice. The traditional view of judicial justice cannot be put to the test if a complaint agency, acting on behalf of the state, should have been appointed to punish crimes and maintain justice, had traded with the accused, given up part of the right to complain, or had "interceded" the criminal in front of the court. If there is no danger of sacrificing judicial justice, the majority of people believe that the system of plea bargaining should be implemented immediately. The greatest fear and the greatest challenge to the system of plea bargaining is that it is likely to increase efficiency at the expense of justice. The question that this book considers from the Angle of the affirmation of plea bargaining is how to build a defense line of justice in the system of plea bargaining through careful design.

The ultimate purpose of prosecution plea bargaining is to protect the victim's legitimate rights and interests, but if the defendant is indeed guilty, plea bargaining will reduce the difficulty of retroactive, but also partially sacrifice the victim's interests. Doing so has the suspicion of selling the victim's lawful rights and interests.

Plea bargaining to a certain extent, reduce the criminal punishment of sin, because it is the main principle is that if considering the subjective vicious defendant is no longer serious mistake attitude sincerity, cooperation with the state shall adopt the attitude that allowed within the bounds of the law, reduce the strength of the punishment, doing so will inevitably weaken the function of punishment to the general crime prevention.

The prosecution and defense of plea bargaining both sides stand in their own Angle, have the motive of seeking advantage and avoiding harm, and have the weakness which is not enough to resist the other side, the evidence in their hands may be difficult to withstand the defense side's cross-examination. For accusers, while the evidence is indeed ample, the likelihood of acquittal is not present until the court delivers the verdict, so they are less concerned with the severity of the high sentence than with the court's approval of their accusers. From the point of view of the accused, sometimes in order to get a lesser punishment, I would rather admit the guilt that I did not have, so as to get a relatively lucky ending.

There are three main types of plea bargaining in the United States. Under the condition of the defendant's guilty plea, the prosecutor promised to make a recommendation to the judge for a lesser punishment. The second is to drop some of the charges. That is, when the defendant has several crimes or multiple criminal facts under the same crime, the prosecutor will give up the charges of some other crimes or criminal facts on the condition that the defendant admits to some of the crimes. The third is to mitigate the charges. The essence of the charge is to reduce the charge, that is, when a crime is divided into different circumstances and has different sentencing ranges under the criminal law, prosecutors charge a lesser charge if the accused acknowledges the lesser charge.

Crimes of a serious nature are mainly violent crimes that endanger national security and seriously violate citizens' personal rights. The object of these crimes is the most important interest of the state or the citizen.

The circumstances of the crime are especially serious. Although a plea bargain is a crime, it should not be allowed if the circumstances of the crime are particularly serious. If it is believed that the actual penalty can be mitigated by plea bargaining as long as the guilty attitude is good, then the criminal death penalty will not have the opportunity to be applied, which obviously cannot be tolerated by judicial justice.

The fundamental principle of plea bargaining is actually to guarantee the justice and fairness of the law. But such mitigating action, which is of little use to repeat offenders, must greatly increase the likelihood that their rehabilitation will fail. Making it more difficult to return to the society will also bring more unstable factors to the society.

If the range of the penalty is too large, it will not only damage the judicial justice, but also greatly detract the due function of the penalty. Therefore, it is necessary to limit the extent of trading. There are two common situations: one is to give up the charge of one or other of several crimes; Two is a crime in the existence of a number of crimes constitute the facts of the case. In both cases, it is only the minor offence or the minor fact that the complainant can drop the charge, and the more serious offence of several crimes cannot be dropped. It is unreasonable to reduce the penalty too much or too little. Being too small is less attractive and can greatly reduce turnover. Therefore, when carrying out the system of plea bargaining, it is necessary to establish a guideline for the complainant to make the sentencing proposal and the judge to review the sentencing proposal.

In order to make the damage appeared in the process of plea bargaining is justice be corrected in time, we need to build unfair trade remedy mechanism, the remedy mechanism is mainly composed of two aspects: first, the procedure for trial supervision to match the plea bargaining, through the procedure for trial supervision is carefully review the plea bargaining loopholes in the case, found that deficiency of plea bargaining, if serious damage to the judicial justice, then, through the trial supervision authority has the right to stop, such doing can maintain justice and strict law; Second, give the victim the means of relief. When the victim feels that the law is unfair and infringes upon his or her lawful rights and interests, he or she may have the right to object to the court and, when necessary, even directly to the public prosecution organ for the crime of refusing to prosecute. In this way, the rights and interests of the victim are guaranteed to some extent. Through the above two relief approaches, we can better safeguard the judicial justice side.

As a system with a tendency to threaten judicial justice, the system of plea bargaining is bound to have great obstacles in the field of criminal justice in China. However, as one of the ways to improve the efficiency of criminal justice, we can try the system of plea bargaining. The plan to bring the practice of the plea bargain system into criminal justice reform, we already have the legal and practical basis.

In today's world, the doctrine of prosecuting cheapism or the doctrine of prosecuting legality has generally replaced the doctrine of prosecuting legality as the basic principle, such as the United States; Or take legal doctrine of prosecution as the principle, take cheap doctrine of prosecution as the exception, such as Germany; In a word, they all give prosecutors some discretion to prosecute and do not exclude the doctrine of prosecution cheapness. The prosecution cheapism and the plea bargain system have the same nature and problem, that is, they are the rebellion to the traditional penalty idea, because the plea bargain system is the concrete application and embodiment of the prosecution cheapism principle. Therefore, not only the system of plea bargaining has been questioned, but the prosecution of cheapism as a principle is still a controversial issue, which is nothing but the mainstream view or the trend of the trend is to affirm and adopt the prosecution of cheapism. The relative non-prosecution system in China actually contains a kind of implied similar transaction factors. For, in cases where the circumstances of a crime are minor and there is no need to impose punishment or to be exempted from punishment in accordance with the provisions of the criminal law, the people's procuratorate may make a decision not to prosecute, rather than a decision not to prosecute. Whether to make a decision not to prosecute depends largely on the criminal suspect's attitude of confession and repentance. If you do not plead guilty or change without remorse, it is certainly necessary to file a public prosecution request for a penalty. In such cases, the suspect's honest attitude of confession and sincere attitude of repentance are exchanged for the determination and decision of prosecutors to apply relatively non-prosecution.

Secondly, practice has laid a foundation for the attempt of plea bargaining system. There have been a few cases in real life, when should be sued, deferred prosecution of the pilot. As such cases are very special, if they are prosecuted, it is not conducive to the quick return of the criminal suspect to the society, nor to the formation of a good law-abiding atmosphere for the society. Likely to further become an anti-social force, these cases are often done under the guidance of the supreme people's procuratorate, which has laid the groundwork for attempts at plea bargaining. This kind of pilot is carried out mostly in the case of a few minor crime, preliminary practice shows that doing so is successful. Not only the public recognition, but also the criminal actor's positive attitude and return to action. This preliminary practice also shows that the implementation of plea bargaining is feasible in practice from one aspect, and the trial of plea bargaining system can be carried out on the basis of the experience gained from the deferred non-prosecution practice and the standardization of it.

In short, our judicial reform is a kind of practice in itself, and the particularity of this practice lies in that it cannot rely on the bold exploration of the judicial organs in various regions out of the legal track. However, the top judicial organs can carefully organize and guide some pilot practices of judicial reform on the basis of careful research. The system of plea bargaining should be included in such reforms.

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