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On the system of independent directors

Author: LiBaoHua
Tutor: HuLiLing
School: China University of Political Science
Course: Legal
Keywords: Independent director system Listed Companies in China China's securities market Corporate governance structure Modern corporate Cool attitude Interests of minority shareholders Operators System deficiencies The method of the comparison
CLC: D912.29
Type: Master's thesis
Year: 2003
Downloads: 169
Quote: 2
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Abstract


Independent director system has become a trend in the international community as the construction of an effective system of corporate governance structure, In modern companies, the agency problem everywhere, and the establishment of an independent director system is to allow the independent directors of the company has no interest in evaluating the operating performance objective, fair, calm attitude, ability to judge the operators and to establish appropriate reward mechanisms, in order to procure the operators of the pursuit of the interests of the company, so as to protect the interests of small investors. In other words, the core of the system is to ensure that the independent directors of the company to form an effective oversight mechanism. A series of problems exposed in the process of development of the securities market in China, such as the state-owned shares dummy, shareholding structure is irrational, due to the dominance of one exclusive, the weakness of the supervisory functions of the Board of Supervisors, managers manipulate company. Interests of all shareholders are not protected, the interests of small shareholders have been violated. All this has seriously jeopardized the normal development of China's securities market. August 16, 2001, the China Securities Regulatory Commission issued a \SFC introduction of the independent director system in China, in order to further improve the governance structure of listed companies, and promote the standardized operation of listed companies. Placed great expectations of the community for the establishment of an independent director system in listed companies, generally agreed that the system of independent directors of listed companies to improve the current \One of the major initiatives for corporate governance. Independent director system in the United States more than 30 years of practice in China is still in its infancy stage. To foreign-related legal reference, the use of contrast theory with the actual review of the generation of the independent director system, trying to analyze the presence of some of the independent director system in China, and on this basis, on how to improve the system proposed several point proposal. In addition to the preface and epilogue, the text is divided into four parts: the first part of the produce and the formation process of the independent directors to explore the analysis of the causes and characteristics, and played the role. Independent director system pioneered in the United States. Which is characterized by the concentrated expression of the independence of the independent directors. Although the role of the independent director system by doubt and denial of all sectors of society, but be sure that the independent director system of corporate governance in the United States, do play a positive role, and this shows that the system is indeed in line with the law of development of the modern corporate content, so that we can learn and learn from. Of the introduction of the independent director system also played a positive role in improving the corporate governance. The second part introduces the legislative status of the independent director system of the Anglo-Saxon countries, combined with China's relevant legislation, a comparative analysis of the qualifications of the independent directors, the appointment and removal procedures and related rights and obligations, and to establish and perfect the system of independent directors in China is below The basis for the study. The third part of the China University of Political Science and a master's degree thesis On system of independent yellow things, analyze the country to introduce the major obstacle to the implementation of the independent director system, and pointed out that China's current legal system is missing, the irrational structure of property rights, the corporate governance structure defects, lack of rights exercised and incentive mechanisms, lead independent director dummy positioning of the independent directors is not clear, so they can not play its due role. Part IV for the above-mentioned problems, and make some recommendations to promote and improve the construction of the independent director system in China.

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CLC: > Political, legal > Legal > UNIVERSITY > Economic Law
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