Study Of The Legal Status Of Independent Directors

The modern company separates seriously because of the ownership and power of management , lead to the fact "inside people control" phenomenon take place .The minority stock holder's legitimate rights and interests have been encroached by the "inside people" often. Our country is no exception. And because the independent director's system which the country of Great Britain and America explore and set up for many years can comparatively prevent the question that "inside people control" effectively, that cause the extensive concerns of the various circles of society. The relevant functional departments of our country advocate it actively too, make the independent director's system move towards the front desk in China. But because our planning is not very sufficient on the theory and practice ,a basic question as the independent director's system—the independent director's legal status question ,the research on the theory is still not deep enough ,remaining insufficiently on legislating ,a great deal of questions appear in practice to cause .So, I probe into this basic question of the independent director's legal status, comb the power and responsibility obligation to the independent director ,and put forward some perfect suggestions in the light of the current situation of our country's independent director's legal status .The paper consists of four parts altogether. First part proceed with the independent director's intention, clear what it is meant of the independent director. The intention of the legal status to the independent director is defined on this basis. Second part investigates the independent director's legal status of the Great Britain and America , have investigated mainly how the relation between independent director and company, the independent director's functions and powers, obligations and relevant encouraging and tied mechanism in the Great Britain and America especially. The third part mainly give real example analysis to the current situation of our country's independent director's legal status ,the deficiency of it .For example ,the limit of independent director's functions and powers is unclear in definition ,duty ,relevant encouraging and tied mechanism is not perfect .The fourth part mainly put forward some perfect suggestions in the light of the current situation of our country's independent director'slegal status. Such as dispose the independent director's functions and powers , obligations rationally. Especially increase the independent director's independence obligation, perfect encouraging and tied mechanism to the independent director.