On The Independent Director System In China And Its Perfect

Since the 1990s, on improving the system of independent directors to raise the level of corporate governance has always been economics, law research hot spots. Despite China's listed companies and the problems faced by Britain and the United States shares were distributed within the control of the situation is different, but China's securities regulator or the independent director system into the domestic and give the board oversight to protect the rights and interests of small and medium-sized investors in a number of duties . However, the introduction of independent director system did not play to our immediate effect, for listing the problems seem to be able to play a limited role, even a small number Independent sensible dubbed "director Vase." At present, China's independent director system is still in the exploratory stage, the systematic study of the theory is still relatively scarce in practice there are many issues to be addressed.The full text is divided into five sections. The first part is an overview of the independent director system, from the definition of independent director system and the independence of the independent director system in the development of foreign origin and introduced the independent director system as a whole. The second part is the independence of the independent directors, nomination, election, duties, compensation in such areas as the United States and Britain introduced the independent director system. The third part describes the independent system in our country has been through the process of the introduction of independent director system, the new "Company Law" to the independent director system and improve the system of independent directors to play a major role. The chapter on China's introduction of independent director system in the process, the main elements of the system, as well as the new "Company Law" to the independent effects of the social system are described. The fourth part of the independent director system and the reasons for the existence of the problem, the article through the examples of the approach, some did not fulfill the duties of independent directors and summed up into three cases from the independence of the independent directors, information security systems, incentive and restraint mechanisms , An independent board of directors and the relationship between Chinese traditional social and cultural aspects of the existence of a system of independent directors on the cause of the problem is analyzed. Part V based on an analysis of the situation, trying to find one with China's actual situation to maintain the independence of the independent directors of the institutional arrangements, but also improve on the system to do some basic research, and recommendations.