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Civil Liability of Independent Director System Review

Author: LiuYangPeng
Tutor: ZhuXiaoJuan
School: China University of Political Science
Course: Legal
Keywords: Independent Directors Abnormal heavy duty Civil liability system improvement
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 127
Quote: 0
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Abstract


Independent director system introduced into China for more than ten years time, the independent director system in China has also become increasingly detailed research system. But for an Exotic system, the independent director system itself is still struggling to adapt to China's national conditions and undergoing economic and social development process, the independent directors of the relevant system still needs improvement. This article focuses on the independent director system in operation in the face of our independent directors determine civil standard blurred responsibilities abnormal weight problems. Independent directors facing a high risk of unforeseen has severely restricted the independent director system in our country's development and jeopardize the talent pool of independent directors to the problems that may fundamentally undermine the independent director system. By comparing this independent director system of civil liability in civil law countries and common law countries of practical experience, and carried out assessment and summary. Combined with our system of civil liability system independent director status of the existing system of civil liability of independent directors to conduct a review to identify the independent directors civil overweight crux - China's relevant laws on the civil liability of independent directors lack clearly defined, independent Directors with no relevant exclusions and limitations of liability protection mandate safeguards. As a starting point to analyze the independent directors and non-independent directors civil civil diverse particularities, and improve the system of civil liability of independent directors to make recommendations. In addition to the introduction and conclusion, this paper is divided into four parts. Introductory section of this article briefly describes the subject of independent directors Zhaoyuan and Development of civil liability, and the writing of this article focuses explained. The first part describes the independent director system running status in our country, as well as the status of independent directors with the relationship between the civil liability system - independent director system of civil liability is caused by defects in the system of independent directors of the important reasons to run bad, and thus confirms and demonstrate the value and significance of this study. The second part of the two legal systems independent directors comparative study of civil liability system, the main analysis a representative of the Japanese and American independent director civil liability regime, through the analysis pointed out that the national regulations of the respective institution building for reference. The third part of the independent directors on our current system of civil liability system has been described to expand the existing civil liability regime of independent directors to review and analyze the resulting system of civil liability of independent directors cause of the problems, with emphasis on independent directors Civil particularity to elaborate. Section IV presents a comprehensive system of civil liability of independent directors to build proposals, including improving the effective exercise of powers of the independent directors of the environment, improve the system of civil liability of independent directors of the basic theory and legislation, as well as improve our independent director liability protection mechanism. Conclusion part is the idea of ??writing this article for a summary of the basic ideas.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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