| "Company law" the123th in2005Regulations on the independent director system toChina laid the foundation of further perfection of the corporate governance structure, but fromthe point of the content of the provisions of this article, the rules of company law of theindependent director system is the only company law system, introduced the independentdirector system, concrete system build content is involved, some effect of independentdirector function.In practice, the independent directors has erupted in Le Shan Electric Power, Yi Li, XinJiang ZhunHe three companies or active or passive resignation dismissal, it is the law isincomplete, the system is not in place to implement strong torture. How to safeguard theeffective exercise of the rights of independent directors has become urgent need to address theproblem.In this paper, the Shanghai and ShenZhen listed companies in the first case ofindependent directors to hire agency to audit the company’s audit events Le Shan ElectricPower Company, for example, pointed out that limiting the functioning of the independentdirectors, and try to explore possible solutions. The present stage, the independent directorsystem imperfections numerous, such as the independence of the independent directors of thereal difficult to judge, ill-defined terms of reference, and so imperfect duties safeguards. Thelaw should be clear terms of reference of the independent directors, and complemented bysupporting practical measures to ensure the possibility to fulfill its mandate, but to be refineddefinition of the independence of the independent directors, to make practical, to avoid thecompany of independent directors "not independent" refused independent directors proposedto happen. But also for protection on the status of independent directors to perform theirduties after not making the once independent directors to perform their duties, the companyput forward the views at odds with the idea of facing the risk of being dismissed. |
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