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On Chinese Independent Director System

Posted on:2006-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhuFull Text:PDF
GTID:2166360182490371Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The independent director system came into being in America in 1940's. Its function in the corporate governance in west countries such as Britain and America has been widely acknowledged through decades of years' exploring and practice. Since 1990's the independent director system has continuously spread to other countries and regions.As the special supervising agency inside the corporation, the board of supervisors in Chinese corporate governance has not exerted effective function. In order to reinforce interior supervision and improve corporate governance, China has introduced the independent director system into the listed companies. Through the means of combination of theory and practice, the article has probed into the legal transplanting, present situation, development orientation and the reconciliation with the board of supervisors system of Chinese independent director system.The article includes three parts: the foreword, the main body and the conclusion. The main body consists of five chapters.Chapter â…  : It analyzes the two different corporate governance modes in the two legal families of common law and continental law and the appearance of the independent director system. And it compares the independent director system in America with the board of supervisors system in Germany. Their experience provides important reference to improve Chinese corporate governance.Chapter â…¡ : It discusses the necessity and feasibility of legal transplanting under the background of economic globalization. For the limitation of the board of supervisors system in Chinese corporate governance, it is imperative for China to transplant the independent director system.Chapter â…¢: It analyzes the positive function and main problems of Chinese independent director system.Chapter â…£: It elaborates that independence is the core and soul of the independent director system, and also is the theoretical foundation of the system. China should establish relevant incentive and control mechanism to safeguard the realization of independence.Chapter â…¤: It discusses that in the face of the existence of two supervising mechanism in Chinese listed companies, how can we develop the advantages and avoid the disadvantages, then realize the mutual mend of the independent director system and the board of supervisors system and construct a supervisory mode with Chinese characteristics.Through the discussion on above questions, we hope it can be helpful to the theory and practice of Chinese independent director system.
Keywords/Search Tags:the independent director system, the board of supervisors system, legal transplanting, corporate governance
PDF Full Text Request
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