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Research on the Problems of Restricting Director’s Action in Company Law

Author: XuDi
Tutor: XuWeiDong
School: Jilin University
Course: Civil and Commercial Law
Keywords: Shareholders' meeting Board of Supervisors Proxy voting system Shareholder Representative Litigation System Independent directors
CLC: D922.291.91
Type: Master's thesis
Year: 2005
Downloads: 141
Quote: 0
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Abstract


Achieve internal balance of power in corporate governance , achieve mutual restraint of power , improve the corporate governance structure places seeking . Company law is also carried out in order to achieve this purpose and the design of the internal system . With modern corporate philosophy by the shareholders' meeting centrism centrism of the Board of Directors of the transfer , the board of directors as the company 's business decision-making authority , its powers swelling . The board is the core of the corporate governance structure the company directors fact mastery and control of the company . The future direction of the company law is how to strengthen the control and supervision of the directors of the Company , so that they both cautious and faithful both adventurous spirit and will not attempt to make progress . In order to prevent the imbalance of power in the corporate governance structure , a mechanism must be designed to constrain the behavior of the directors of the company . The shareholders of the General Assembly as the highest authority of the company in the traditional sense , and its position increasingly formal shareholder democracy myth from reality to become an unavoidable reality . Through the introduction of a system of proxy voting and shareholder representative litigation system , it is able to achieve control of the shareholders on the board of directors . Supervision mode by the Board of Supervisors palm oversight on the post . However , the practice was to prove to the Board of Supervisors did not play its due role , the Board of Supervisors useless phenomenon is more obvious . Effective oversight by the Board of Supervisors after the independent director system and strengthen the Board .

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