The Independence Of The Independent Directors Of The Study

It is necessary for improving the company administrative structure which is worsening increasingly, strengthening the effective supervision of its personnel and protecting the interests of whole company and middle or little shareholders that independent director system comes into being. However, Owing to lack of deserved theoretical guidance and necessary system guarantee, the independent director's independence is very fragile and the function of the system can't bring folly into play.The thesis consists of five parts. It discusses systematically the theoretical and institutional frame of independence to strengthen the independence of independent director.Part 1 is the preface that mainly introduces the background of independent director system's emergence, the development practice and the important meaning of the research of independence.Part 2 interprets the concept of independent director's independence and analyzes its value. This part probes theoretically into the independent director's independence from identity relation, property relation and business relation. It also discusses the factors that affect the independent of independent director through legislative angle. Besides, it analyzes the social value, economic value, and legal value of independence.Part 3 is the prerequisite of independent director's independence. The part not only concerns the mechanism of independent director's appointments and removals, which include its post qualification and the mechanism for its entering and quitting, but also discussed the construction of its organizational system from three aspects: the number and proportion of independent director, the way it organized, and the training of members.Part 4 expounds the realization mechanism of independent director and its relativity. Firstly it dissertates the special authority of independent director. Secondly it discusses the independent director's rights to know. Lastly it discusses the relativity of independent director's independence from the height of legal philosophy, namely limitation.Part 5 relates to the question maintenance of independent director's independence. It discusses the motivation and controlling system of independent director fully and deeply and puts forward the author's proposals for perfecting the company's administrative system that is related to the independence.