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我国创业板市场开市至今不到三年,却出现了多家上市公司董事纷纷离任的怪现象,它在社会上引起了巨大的轰动。上市公司董事离任行为给创业板上市公司声誉造成了严重损害,同时也沉重打击了投资者的投资信心。本文运用法学理论,对我国创业板上市公司董事离任的行为表现和根由进行分析,究其现行公司法、证券法规制董事离任行为制度的缺陷,结合中外司法实践,就如何完善我国公司董事义务制度,提出规制创业板上市公司董事离任行为的立法对策,以充实和完善我国公司、证券法律制度,进而为创业板市场的健康发展提供法律保障。
China’s GEM market has been opened for less than three years, but there have been a number of listed companies have gone out of office strange phenomenon, which caused a huge sensation in the community. The dismissal of directors of listed companies has caused serious damage to the reputation of the listed companies in GEM, and has also hit investors’ confidence seriously. This article uses the theory of law to analyze the performance and root cause of the departure of the directors of the listed companies on the GEM in China. The author analyzes the defects of the current company law and the securities law governing the departure of the directors. Based on the judicial practice both in China and abroad, Obligations system, put forward legislative measures to regulate the departure of directors of listed companies in GEM, to enrich and improve the legal system of our company and securities, and then provide legal protection for the healthy development of the GEM.