Research On The Imbalance Of Power And Responsibilities Of Independent Directors Of Listed Companies And Its Countermeasures

As an external supervision mechanism of the company,independent directors intervene in the governance activities of listed companies,which can effectively supervise listed companies and safeguard the rights and interests of small and medium-sized shareholders.However,from the case of Kangmei Pharmaceutical,it can be seen that there is a serious imbalance between the exercise of power and the assumption of responsibility by independent directors,leading to the inability to fully and effectively perform their preset functions.In order to resolve the issue of imbalanced rights and responsibilities of independent directors and optimize the governance mechanism of listed companies,this article analyzes the current situation,harm,and causes of imbalanced rights and responsibilities from the Kangmei Pharmaceutical case,and proposes corresponding countermeasures,mainly including the following parts:The first chapter is the introduction section.After the announcement of the judgment in the Kangmei Pharmaceutical case,it sparked thinking about the imbalance of the rights and responsibilities of independent directors.During the research process,practical situations of different countries’ systems and the views of different scholars were collected,providing analytical materials for subsequent research.Chapter 2 is an analysis of the current situation and harm of the imbalance in the rights and responsibilities of independent directors of listed companies in China.Firstly,this article elaborates on the current legislative status of the independent director system in China,sorts out the development process of the independent director system,and elaborates on the specific situation of the imbalance between power and responsibility from the perspectives of authority and responsibility.Secondly,case and literature research methods are adopted to discuss,and the conclusion is drawn that the imbalance of the rights and responsibilities of independent directors in listed companies causes significant harm.Chapter 3 is an analysis of the causes of the imbalance in the rights and responsibilities of independent directors of listed companies in China.This article discusses the difficulties in fulfilling duties and the excessive burden of responsibility,and further analyzes the deep-seated reasons for the imbalance,including institutional transplantation and corporate governance structure.Chapter 4 is a research on countermeasures to address the issue of imbalanced rights and responsibilities of independent directors in listed companies.Analyze the reasons for the imbalance in the rights and responsibilities of independent directors in China,and improve the independent director system in China from five main aspects:independence,rights protection,incentive and constraint mechanisms,limited liability,and strengthening self regulation.