ABSTRACT

Since the independent director system was introduced in the 1990s, the independent director system has played a huge role in perfecting corporate governance, strengthening the decision-making and checks and balances mechanisms of the board of directors, and effectively reducing the occurrence of illegal phenomena. However, as an important part of the independent director system, the diligent and due duty of the independent director still has some problems in our laws and regulations, such as unclear subject boundaries and a lack of specific standard identification rules. These problems also lead to excessive disputes over the rights and responsibilities of independent directors in judicial practice. Cases in China's current laws and judicial practices are analyzed, and problems existing in the determination of independent director due diligence standards are emphatically discussed in this paper. Combining with relevant foreign systems, improving the diligence standards of independent directors in our country is of great significance to the regulation of the phenomenon of false statements in securities.