论国有企业董事勤勉义务制度的完善

党的十八届三中全会确定了市场化改革的基调,如何进一步完善国有企业现代企业制度,提高国有企业竞争力成为一项重要课题。国有企业董事勤勉义务制度建设存在不少问题,应明确责任内容与认定标准、建立激励与约束机制、完善责任体系等建议,以期为新一轮国有企业改革提供可借鉴的法治化路径。

On the Perfection of Board Director's Duty of Diligence System in State-owned Enterprises from the Perspective of Marketization and Internalization

The third Plenary Session of the 18th CPC central committee confirms the trend of marketization of reform. How to further improve modem state - owned enterprise system and increase the competitiveness of state - owned companies has become a major topic. This paper tries to analyze the necessity of perfecting board director duty of diligence system in state - owned enterprises from the perspective of marketization and internalization, find out the problems existing in the construction of this system and proposes that the content of duty and identification criteria should be made clear and motivating and restraining mechanism should be established in order to offer legal route for the new round of reform in state - owned enterprises.