| The current company law on the provisions of directors recall system is very rough,the company law judicial interpretation five mentioned in the director before the expiration of term recall and resignation compensation,but the lack of systematic entity and procedure specification,the existing legal text and system of the ground cannot fit,in practice there are judicial differentiation.In order to cope with the dilemma of theory and practice,clarify the appointment relationship between the company and the directors and the “shareholders’ meeting centralism” and “board centralism” from the legal point of view,and hope to reflect the judicial trial situation of the overall recall cases of directors in China by sorting out the recall cases in practice.During the revision of the Company Law,in order to improve the recall system of corporate directors in China,this paper puts forward the measures to improve the recall and absence of recall,and further improves the resignation compensation entities and procedural rules of the dismissed directors,so as to help the balance of the company’s interests and improve the level of corporate governance. |
