现代公司治理结构采取三元模式,股东会、董事会、监事会相互制约,相互制衡,为公司的运营提供有效率的保障。监事会作为公司的监督机构,监督公司的经营与管理,并维护着公司的合法利益。但是,我国《公司法》对监事会监督权,尤其是诉权监督规定存在模糊、责任机制缺位、可操作性差的缺点,笔者试图借鉴《德国股份法》的规定,从变更之诉和给付之诉类型化的角度对我国监事会诉权机制的构建献计献策。 Modern corporate governance structure to take the ternary model, shareholders, board of directors, supervisory board mutual checks and balances, checks and balances for the company’s operation to provide efficient protection. The board of supervisors acts as the supervisory organ of the company, supervises the operation and management of the company, and protects the legitimate interests of the company. However, the “Company Law” of our country has the defects of the supervisory authority of the board of supervisors, especially the supervision over the right of action, which is vague, lack of responsibility mechanism and poor operability. The author attempts to draw lessons from the provisions of “German Share Law” Type of perspective on the construction of China’s supervisory board appeal mechanism offer advice and suggestions.