News Express: Paper co-authored by UM Faculty of Law professor and student published in BFSU Legal Science
新聞快訊：澳大法學院師生於《北外法學》發表論文
邱庭彪（左）、田雨
Iau Teng Pio (left), Tian Yu
澳大法學院師生於《北外法學》發表論文
澳門大學法學院副院長邱庭彪及其博士研究生田雨共同撰寫的論文《公司董事會中心主義模式的困境與未來——以〈公司法〉修改為背景》發表於期刊《北外法學》。
該論文指出，中國目前面臨“形式董事會中心主義”與實質“股東本位”並存的治理異化困局，而非形式的“董事會中心主義”在效益與法理上更適宜當前的治理體系。針對新《公司法》改革的不徹底性，文章主張應進一步壓縮股東會經營權，轉而通過“概括＋負面清單”的方式賦予董事會更大職權，同時建議構建多元化治理體系，允許公司根據類型差異化配置分權模式，以實現治理效率的提升。
《北外法學》創刊於2019年，是由北京外國語大學法學院主辦、社科文獻出版社定期出版的學術集刊，主張以國際化的視角研究中國問題，致力於為中國法治事業和中外法學交流提供智力支持，並連續入選中國知網“2024、2025年度高影響力學術輯刊”。
欲瀏覽官網版可登入以下連結:
https://www.um.edu.mo/zh-hant/news-and-press-releases/press-release/detail/63034/
Paper co-authored by UM Faculty of Law professor and student published in BFSU Legal Science
A paper co-authored by Iau Teng Pio, associate dean of the Faculty of Law at the University of Macau (UM), and his PhD student Tian Yu, titled The Dilemmas and Future Prospects of the Board-Centric Corporate Governance Model—In the Context of the Company Law Revision, has been published in BFSU Legal Science.
The paper notes that China is currently facing a distorted governance dilemma where ‘formal board-centrism’ coexists with substantive ‘shareholder primacy’. It argues that a board-centrism model is more suitable for China’s current governance framework in terms of both efficiency and legal principles. In response to the limitations of the revised Company Law, the paper calls for further restrictions on the operational powers of shareholders’ meetings and proposes granting greater authority to boards of directors through a ‘general authorisation plus negative list’ approach. It also recommends developing a more diversified governance framework that allows companies to adopt differentiated power-sharing arrangements based on their corporate type, with the aim of enhancing governance efficiency.
Founded in 2019, BFSU Legal Science is an academic journal hosted by the Law School of Beijing Foreign Studies University and published by the Social Sciences Academic Press. The journal promotes the study of Chinese legal issues from an international perspective and is dedicated to supporting the development of the rule of law in China as well as legal exchanges between China and the international community. It was consecutively recognised by CNKI as a ‘high-impact academic journal’ in 2024 and 2025.
To read the news on UM’s official website, please visit the following link:
https://www.um.edu.mo/news-and-press-releases/press-release/detail/63034/