The Perfection Of The Duty Of Directors Of State-owned Enterprises In China

Separation of ownership and management right is the most prominent feature of modern enterprise.Because of the restriction and balance of power in corporate governance, shareholders, board of directors and supervisors will perform their duties in the decision-making, operation and supervision and other matters, to ensure that the company is running smoothly.In the process of the reform of state-owned enterprises in order to establish a modern enterprise system, China’s state-owned enterprises in the governance structure will inevitably be in conflict with the standards of corporate governance, the main performance in the three aspects of the shareholders, administrative control, lack of supervision.In this particular context, the duty of diligence of the directors of the state-owned enterprises must be different from the general situation of diligence obligations.The main task of the state-owned enterprises in addition to ensure that the value of state-owned assets, and to create corporate profits, more important is the implementation of the national economic policy, the national macroeconomic regulation and control of an effective carrier.Therefore, it is not only related to the development of state-owned enterprises, and the development of the whole national economy, in the long run, it is not only related to the development of state-owned enterprises. At present, the duty of diligence of directors of our country’s state-owned enterprises is not only according to the company law, the state-owned assets of enterprises and other provisions to configure, which did not reflect the special nature.In the actual operation of state-owned enterprises, there are a series of problems, such as unclear criteria, imperfect incentive mechanism, imperfect liability system and so on.How to reconstruct the director of state-owned enterprises is very important in the context of the specific background.Under the condition of the modern enterprise system, the separation of ownership and management right, Our country state-owned enterprise also carries on the reform with the market oriented reform.The legal regulation on the duty of directors of state-owned enterprises should start from the legal system of Ordinary Company, and take into account the particularity of the state-owned enterprises and their directors.In addition to the introduction, this paper is divided into four parts.The first part is the status of the duty of directors of the state-owned enterprises in China.Compared with general corporate directors, the board of directors of the state-owned enterprises of our country on the identity, the tasks and the environment to perform their duties with particularity.The status of the duty of diligence of our country’s state-owned directors has the target of a variety, higher requirements, and heavier responsibilities.The second part is the problems and reasons of the duty of the directors of the state-owned enterprises in china.There are three problems in the setting of the duty of directors of the state-owned enterprises in our country, which are not clear, the incentive mechanism is not balanced and the responsibility mechanism is not perfect.The reason is that the state-owned enterprise governance structure of the shareholders, the administrative intervention, the lack of supervision, etc.The third part is the rational allocation of the director of the state-owned enterprises.The standard of judging the duty of directors of state-owned enterprises and the incentive mechanism.The fourth part is the perfection of responsibility.From three angles of civil liability, administrative responsibility and criminal responsibility, the responsibility system of violating the duty of directors of state-owned enterprises is constructed.