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根据公司法的规定,高级管理人员是指公司的经理、副经理、财务负责人,上市公司董事会秘书会和公司章程规定的其他人员。从该定义上可以看出其有对公司经营以及公司财产进行管理的职责。但公司的所有权并不一定在公司高管手上。法律希望通过规定的公司高管的资格和义务来解决这个以上问题。但作为宽泛性指令,他却不能防止高管人员之间的相互庇护或者高管与股东之间的相互监督。
According to the provisions of the Company Law, senior management refers to the manager, deputy manager and chief financial officer of the company, the secretary to the board of directors of the listed company and other personnel as prescribed in the articles of association. From this definition, it can be seen that it has the responsibility of managing the company and the company’s assets. But the ownership of the company does not have to be on the hands of the company’s executives. The law hopes to solve this problem by stipulating the qualifications and obligations of company executives. But as a general directive, he can not prevent mutual sanctions among senior management or mutual supervision between senior management and shareholders.