On The Liability Of Company Directors Accountability Mechanism

Director of the violations are widespread in our company, It is not only damage the fairness and efficiency of the market, but also seriously damaged the interests of the company and shareholders, Especially in the Listed companies, its harm degree were especially more serious, therefore, How effective regulatory violations did become the difficult problem which our country major-domos faced.This survey analyzes the decision on punishment illegal of the China Securities Regulatory Commission from 2006 to 2009, while compare with the board model of Anglo-American, Germany and Japan, found that the structure of the board of directors and defects, such as a serious internal control, can not play the role of independent directors, which is the source of repeated violations of one of the directors. through the analysis of 4 years penalty decision that we note that violations of Directors of the Company mainly for false statements, such as stock market manipulation and fraud, customer behavior, which shows that our current directors of the Company there is a serious lack of supervision, the main problem is Administrative supervision is not in time , Time inspection is seriously lagging behind, the punishment is insufficient, and the mechanisms of civil liability and criminal liability imperfect.Thus, this paper based on the analysis of sanction, for the conclusions of data analysis, reflection is the current regulatory and legal accountability mechanisms at the failure of the proposed focus on their own ,under the premise of the actual situation, the relevant quality system from home and abroad , giving full play to the role of internal actions, while further improving administrative supervision mechanism, strengthen the administrative responsibility to enhance the independence of regulatory bodies, increased administrative penalties, from the channels of accountability systems and improve shareholder lawsuit civil accountability mechanisms and strengthen penalties Deterrent force of ideas and suggestions. Hope this perfect director accountability mechanisms, inhibition of directors can play a positive role in offense.