The Independence Of The Independent Directors Of The Study

The independent director originated from such countries as western America and Great Britain, etc. It has already received certain effect in practice of nearlytwenty or thirty years of the west in some aspects--Perfecting the corporategovernance structure of listed company and arranging in system of protecting the interests of medium and small investors. The supervision and balance of independent director has already been established as a good basic principle of corporation management mode in western enterprise.Some listed companies in our country began to introduce the independent director in the 1990s and the various circles of society paid their extensive concerns too. China's Securities Regulatory Commission published "the instruction about setting up the independent director's system in the listed company" on August 22, 2001, which regards independent director system of our country company as an important action of administration structure required to make to the listed company.The majority of the list company in our country is reformed from the original state-owned enterprise, whose administration structure is still not perfect. It is quite general that minor stockholder's interests in encroaching on, lack effective supervision, inside people in operator control, big shareholder handle etc. To make the independent director's system realize its function in our country, must guarantee the independent director's independence. The soul and core of the independent director's system are the independent director's independence. Independence is the basic of this system, and every other concrete systems such as qualifications terms, enter and withdraw from the mechanism, rights and obligations mechanism are all derived out from independence and all designed in order to guarantee its independence. This paper regards the independent director's independence as the core, and discusses the actual conditions of our country.The structure of this text is as follows: Chapter one "independent director'sindependence summary" reviews production background, historical origin and development course in our country of the independent director at first. Then define independence combined to the independent director of company administration structure. Chapter two "current situation and independence factor analysis of influence of the independent director of our country" have introduced the current situation in our country's independent director's independence. The independent director of our country has gone through from "vase director" to the course "breaking the vase", but seen from the present its overall independence is not strong and should be strengthened badly. There are a lot of reasons for influencing independent director's independence. It is analyzed mainly from produce mechanism, regulation system, encouragement and inhabit mechanism and self-building of independent director team. Chapter three put forward the countermeasure to strengthen independent director's independence in our country. First, we should reform independent mechanism of choosing of directors. Second, we should perfect the relevant regulations of the independent director's system and improve the legislative level of the independent director's system. Third, we should perfect the independent director's encouragement and tied mechanism. We can promote independent director's function into play through setting up credit and appraising the mechanism and promoting reputation to encourage and setting up such methods as the independent director's salary fund, etc. Fourth, we should set up the system of independent director's independent management of the trades, establish the independent director's association and strengthen the construction of the talent bank, strengthen the cultivation talents and promote the independent director's quality.