Research Of Rights And Obligations Of Independent Director

The independent directors system is an important system of the corporate governance of American and Britain. "Independence" is the "soul and foundation" of the independent directors system. In the process of reform of listed companies of China, the introduction of independent directors system have played a corresponding role in safeguarding the interests of small and medium investors and companies. However, because of stockholder's equity structure of listed companies is irrational, the role of supervisors is weak, the company was actually controlled by insiders, and the aspects of the independent directors system designing is not perfect, the independence of the independent directors is very difficult to guarantee in practice. It shows in many aspects ,such as the rights, duties, responsibilities and incentives of the independent directors. So the article use summarize and analysis methods, discussing the independent directors should have rights,obligations and responsibilities. The article is broadly divided into five parts: the first part is from aspect of the implication,history evolution and the established reason of the independent directors, reviewing the independent directors system .The second part analysis established basis of the independent directors rights and obligations from special functions, special status, the relationship between the companies and the angle of corporate governance model. The third and fourth parts through classifying and explaining the rights,obligations and responsibilities of the independent directors, definite that the independent directors should have legal rights,fulfill the legal obligations and bear the legal responsibility .The last part evaluate the system of the rights and obligations of the existing independent directors ,and propose my suggestions to improving the content of the rights and obligations of the independent directors for existing problems.