Criteria for Determining the Duty of Diligence of Independent Directors Under the Reform of the Single-Level System  

作　　者：HUANG Si-qiong 

机构地区：[1]Minzu University of China,Beijing,China

出　　处：《US-China Law Review》2024年第5期191-203,共13页美中法律评论（英文版）

基　　金：supported by the funding of Minzu University of China“Research on the Improvement of the Civil and Commercial Legal System for Common Prosperity in Ethnic Minority Areas Under the Background of Strengthening the Sense of Community of the Chinese Nation”and the 2024 Key Project of the China Youth Research Association“Research on the Protection and Development of Adolescents’Digital Rights and Interests in the Algorithm Era(2024A03)”.

摘　　要：At present, China has not made clear legislative provisions on the specific connotation and determination criteria of the diligence and due diligence of independent directors, and this legislative gap has led to the lack of uniform and operable legal regulations in reality, which in turn has led to the lack of clear guidelines for independent directors to perform their duties diligently and the requirements of due diligence. How exactly should the specific standard of independent directors’ duty of diligence be seen in China? This paper analyses the problems and reasons in China’s practice and compares them with the relevant system in the United States, so as to answer the standard from several perspectives, including logic, introduction of business judgement rules, and distinction between independent and general directors respectively.

关 键 词：independent directors duty of diligence single-tier system business judgment rule 

分 类 号：D922.291.91[政治法律—经济法学]