Research On The Mechanism Of Independent Directors’ Responsibility Performance Taking

In China,the independent director system is currently confronted with the urgent issue of stagnation in the ultimate phase of responsibility attribution.Improving the mechanisms for independent directors’ responsibility performance taking has become a critical direction for future development of the system.However,the latest amendment of the Company Law has not included targeted specific modifications or improvements to these mechanisms.In the legal theory research of the independent director’s responsibility performance taking,it is necessary to explore the role positioning and legal standardization of the independent director.The cornerstone of the mechanism for independent directors’ responsibility taking lies in establishing clear accountability rules governing their performance and independence.This is initiated by defining the role positioning and setting clear fidelity and diligence obligations as the foundation.When enhancing the legal framework of the independent director system,the primary principle of "unification of power and responsibility" should be prioritized,followed by developing a coordination mechanism to align the responsibilities of independent directors with their performance.Additionally,the principle of "process-orientation" should be observed when allocating independent director responsibilities.To ensure that the duties,powers,and responsibilities of independent directors are well-matched,practical needs should guide the boundaries of their responsibility taking,thus creating a mechanism that is analogous to both civil and administrative responsibilities.