The Legislative Research On China's Independent Director

With the development of economy, corporate governance structure of China are also constantly improving, the establishment and development of an independent director system is an important one of that. As the civil law environment and the reality corporate structure conditions of China determine that in the process of the introduction independent director system there will be problems. Learning from advanced foreign experience, establishing an independent director system relevant to China, and giving full play to their roles, all of those problems need to settle, and the most important task is the improving of legislation on the independent director system. Therefore, improving independent directors and legislation became an very important role. Only by constantly improving our independent directors legislation , improving corporate governance environment , companies can enhance competitiveness and to achieve maximize the value of the company. Based on relevant domestic and international comparative of the legislative system, and accord to the specific reality in China, for identifying problems and resolve them, and putting forward my own proposal. In hope that during the development of China independent director legislature I can make a meagre strength.This paper is divided into four major parts:PartⅠ, the outlines of independent directors. Introduces independent directors meaning, causes, define the independence and the influence of independent directors on company value;PartⅡ, the legislative practice of the foreign independent directors. Comparing the different legislative practice in different law country, which found that national legislation in practice the advantages and disadvantages for China independent directors absorption;PartⅢ, the legislative practice of China independent director. Researching legislative status and independent directors of listed companies to identify the problems which exist in legislation and practice;PartⅣ, the legislative proposals on improve China independent directors. This is the focus of the article. Put forward my own proposal to resolve those problems.