Ascertaining the notion of board accountability in Chinese listed companies
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journal contribution
posted on 2024-06-17, 23:10authored byA Keay, J Zhao
Accountability is a concept that has been frequently referred to in Anglo-American
systems and in the OECD’s corporate governance documents, as well as in the English
translations of corporate governance documents from non-English speaking
jurisdictions. It is in the Anglo-American literature, in particular, where the word finds
prominence. It has been suggested in China that accountability is one of the basic
principles of corporate governance that needs to be consistently enforced. But does
this mean that board accountability, as it has been provided for in the Anglo-American
system, is actually an element of Chinese corporate governance? If not, should it be
adopted? Or should China develop a concept that is more appropriately included as a
critical part of its own particular corporate governance needs? The paper aims to
address these matters in order to ascertain where Chinese corporate governance stands
on accountability as far as the boards of large listed companies are concerned, and what
it should do. We opine that while there are elements of accountability in Chinese
corporate governance, it does not have the form of accountability embraced in Anglo-
American systems. But, it is argued, as China moves from having a system totally based
on administrative governance to one that is based more on economic governance the
kind of approach that applies in Anglo-American jurisdictions is likely to become more
relevant. Within a hybrid corporate governance system combining elements of both
administrative and economic governance, we develop a unique “wenze system” with
forms and characters of accountability that is likely to develop to address the needs of
corporate governance in China and the fostering of its listed companies.
History
Journal
Hong Kong law journal
Volume
46
Pagination
671-708
Location
London, Eng.
ISSN
0378-0600
Language
eng
Publication classification
C1.1 Refereed article in a scholarly journal, C Journal article