On The Protection Of Directors’ Resignation Right

The company has become the most important participant in today’s market economy in China.With the development of market economy and the continuous improvement of corporate internal management system,Chinese companies have begun to show a trend of separation of ownership and control,and directors have more and more rights and play an increasingly important role in the daily operation and management activities of the company.As an important component of corporate decision-making,directors play a crucial role in corporate governance.The normal operation of a board of directors composed of directors is a powerful guarantee for the company’s management system to play a better role,and is also the key to the healthy,stable,and long-term development of the enterprise.In Chinese Company Law and commercial law system,the resignation right of directors is not clearly stipulated.The regulation of directors is more emphasis on their obligations than their rights.The lack of legal norms on the right of resignation of directors and the imperfect exercise procedures of the right of resignation have led to many problems.In practice,a series of corporate governance disputes have emerged because the company does not agree to the resignation of directors,the obligation performance period after the resignation of directors is too long,and the company refuses to cooperate with the registration of industrial and commercial changes after the resignation of directors.In view of this phenomenon,this paper applies the theoretical knowledge of law,analyzes the lack of law in the protection of director resignation right,draws lessons from foreign legislative practice and relates to the actual situation of our country,puts forward concrete legislative countermeasures,in order to enrich and improve the protection of director resignation right in the Company law and other commercial laws.The first part of this article starts from the basic principles of the right of resignation of directors,defines the basic concepts of the right of resignation of directors,clarifies the many differences between the right of resignation of directors and the right of resignation of workers,examines the legal nature of the relationship between directors and companies,and deduces the main content of the right of resignation of directors;The second part describes the current legislative status of the protection of directors’ right to resign in China and introduces the relief methods of directors’ right to resign under the current legislative background by way of cases.It also analyzes the existing problems in the protection of directors’ right to resign from an empirical perspective in view of the difficult situation of directors’ resignation and rights protection caused by the relief of directors’ right to resign,Among them,the protection system of directors’ right to resign is not perfect and there is a lack of restrictions on directors’ obligation to resign;The fourth part puts forward legislative suggestions on the protection of directors’ right to resign in terms of substantive law and procedural law based on the previous empirical analysis.