By Independent Director's Independence And Legislative Safeguard

At present China had already introduced the independent director system, but is not very also thorough to this system's understanding, how regarding to further advance the independent director system to consummate the work also to need the further theory instruction. Looking from the present independent director system's research present situation, did not have the complete consistent answer regarding the many question domestic theorists, even also is only at an exploration stage in the overseas literature. At present the domestic research independent director system's related literature is only restricted in some preliminary theories the introduction, is also quite deficient in the empirical analysis aspect.Looking from the movement effect, the independent director system has not played its proper role, an important reason is the independent director has not realized the true independence, this concerns with a series of systems and the procedure arrangement.Therefore, facing the current realistic condition, the article embarks from the independent director system itself, mainly aims at independent director's independent question, in profits from the overseas advanced experience in the foundation, unifies our country's national condition background, proposed that the related countermeasure and the suggestion, guarantee independent director's independence, thus plays the independent director system proper role well.Although article in research legal science question, but has not limited to the legal science domain, but has widely involved discipline and so on legal science, management science knowledge, and synthesized has utilized the standard research, the empirical study and the comparison research and so on many kinds of research techniques, the multiple perspectives, the multi-sides have conducted the comprehensive system's research and the analysis to independent director's independent question.The article is not considering the matter in and of itself, but embarks from the independent director system's establishment as well as in China's development, launches to this question elaboration. First elaborated independent director's independent meaning and the characteristic.Then, in view of independent director's independent practice condition, elaborated independent director's independent system safeguard question, including safeguards this system's significance and the safeguard mechanism. Finally, is aims in our country related safeguard independent director's independent legislation the flaw, proposed the related countermeasure and the suggestion, consummate in order. This part is from independent director's assignment qualifications, appoints and dismisses the procedure, independent director's right, the duty and the responsibility, as well as independent director's salary system these four aspects carry on the elaboration.The article unified the theory and the real diagnosis two aspects comes to safeguard independent director's independent question to carry on the elaboration, both has in system's safeguard, and has in the legislative support, by the time guaranteed that well independent director's independent status, displays independent director's function well, thus promotes our country Corporation management structure unceasing consummation.