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The Research Of Safeguard Mechanism Of Independence Of Independent Directors In Public Corporation

Posted on:2013-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q WuFull Text:PDF
GTID:2216330374457283Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Independent director system in the Western developed countries is a moremature legal system, plays an important role in corporate governance. Its mainfunction lies in the establishment of an independent director by the companyto achieve effective supervision of the operator, and provide a reference for thecompany's decision-making, thus ensuring the company's scientificdecision-making, fairness.China's planned economic system due to the long-term effects ofownership structure of listed companies is rather special, there are problemswhich seriously hurt the middle and small investor enthusiasm which directlyaffect China's economic development in normal operation. In order to improvethe governance structure of listed companies, China officially introduced in2001and launched the independent director system. So far, the independentdirector system in China has been successfully achieved, but we should see theresults are unsatisfactory.That independent directors of listed companies in China can not properlyperform their duties is largely due to the problems of safeguard mechanism ofindependence of our independent directors.In this paper, the main content is divided into four parts:The first part mainly through mining "mechanism" of meaning, comingto the conclusion that mechanism is a combination of system and method,bringing forward the concept of security mechanisms of the independence ofindependent directors, depicting the part of safeguard mechanism ofindependence of independent directors in public corporation and thenintroduces functional analysis of security mechanisms to protect the independence of independent directors to determine the scope of themechanism, as discussed below for the bedding.In the second part of essay, it describes various parts of the cut-off pointwere the problems of the independence of independent directors to protect thecomponents of the mechanism, and analyses problems for the third part of theprotection mechanism to establish the independence of independent directorsto lay the foundation.The third part described in second part of the problem for the basis tosolve the problems which are divided into two phases. Firstly, it completessystem of independent directors. The second stage includes independentdirectors of listed companies and mutual cooperation between the twoassociations related to the effectiveness of the system play out.
Keywords/Search Tags:Independent Director, Independence, Mechanism, Organizationsof Self-managementof Independent Director
PDF Full Text Request
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