Research On The Right, Obligation And Responsibility Of Our Nation's Independent Directors

The constitution of our nation's independent director is the combined production of the transplanting of the American and British's related systems and the real situation of our country's development, which included not only the foreign experience but also the connotation of our own nation. The independent director is a important symbol of perfecting and completing the corporation construction system and has a significant meanings in protecting the essential profit of middle or smaller shareholders, in prompting the healthy development of market-orient economic system. However ,the actual situation of development is depressed, especially on the matter of definition on the right,obligation and responsibility is too rough and general, in practicing it did not work well and has been being the obstruction of the independent director. so, this thesis will start on the more deeply research from the view point of the responsibility of independent director, to explore the apocalypse from the foreign experience ,to conduce to avoid dogmatic transplantation fully, to construct a better the independent director system and drive it to work in the full length, to put forward the advice of perfecting the problems of right,obligation and responsibility of our nation's independent director which has theoretic and practical meanings at last.Above all,this thesis consists of four chapters.Chapter One introduces the basis theory of independent director. Chapter One accounts for four kinds of theory of independent director briefly, and tell us about phylogeny of theory of independent director briefly, definition of theory of independent director.At last, Chapter One lists the topic of this thesis——the right, obligation, responsibility of independent director.Common Law Legal System and Civil Law Legal System have different viewpoints about the right, obligation, responsibility of independent director. Through comparing Britain and USA law with mainland law, Chapter Two give us a good proposal. According to current legislation situation of independent director in china, Chapter Three analyses the problems of the right, obligation, responsibility of independent director in china, and how this problems come into being.At last, Chapter Four tell us how to strengthen the right, obligation, responsibility of independent director in china.