The Legal System Research Of Independent Director In Chinese Listed Companies

Corporate governance has been the most difficult problems in the modern enterprises at home and abroad,is also a long-term problems.Early harvest standard enterprise management and security interests,become a headache for enterprise more difficult problem.Today,the big shareholder control board of directors,management and collusion is wanton abuse shareholders' rights and interests of minority shareholders become another problem of corporate governance.Due to historical reasons,there are serious in our country's listed company governance of the state-owned shares "insider control","a dominant" wait for a phenomenon,these problems to a large extent affected the operation and performance of the listed companies in our country,resulted in the governance of listed companies there is a big problem.In recent years,the market of false financial report,related party transactions fraud,the phenomenon such as disclosure of information is not timely,and corporate governance.In August 2001,in order to change the status quo of the governance structure of listed companies in China to monitor the failure of the independent director system was introduced into our country.In June 2004,the board of directors of the tuen mun river in xinjiang,yili shares of independent directors removed successively by company management.In June 2016,vanke,the independent director in the Shanghai securities news on continuous Watson published "why I do not support the large shareholders on three lengthy,detailed vanke board decision-making information and details.After the incident occurred,corporate and legal profession and the media news successively have questioned on the independent director system,think that the introduction of independent directors in listed companies is a failure.Throughout the law of development of the society,it is not hard to find: no system of mature,need the coordination between the factors,and is growing in the tortuous process.As a kind of imported from foreign system of corporate governance,after being transplanted into the listed companies in China from scratch,a series of social problems until now.We need to really think about whether the independent director should be introduced in the listed company? Introduction of the system,in order to solve the problem of listed companies is it anyway? Whether in our country,on the basis of actual needs,to perfect the current system of rules and transformation? In view of this,this article in the independent director system at home and abroad for reference,research results and research methods,and combined with my working in the securities of listed companies practice management practices,on the basis of using the discipline knowledge such as law,management,finance and Chinese listed companies as samples,research on the independent director system of listed companies to carry out the system.This article altogether is composed of five chapters content,briefly described below:The first chapter is the introduction of this article,from the fact as the starting point of the listed companies in our country,proposes the paper selected topic background and significance of topics,and the domestic and foreign research literature about legal system of independent directors.At the same time,this paper briefly describes the contents and methods of this article.The second chapter is the legal analysis of the independent director of the listed company.This chapter is the board of directors of the listed company,legal characteristics,the legal definition of the rights and obligations and functions are analyzed,on the board of directors of the listed company academic basis of the existence of legal system.The third chapter is related to national legal system of the board of directors of the listed company and its comparison.Contrapose to this chapter by relevant countries on the legal system of independent directors and comparative analysis.The fourth chapter is an empirical analysis of the legal system of independent directors of listed companies in China.This chapter introduce the legal system of independent directors of listed companies of our country's background and development course is expounded,and the latest data using Wind database and the Shanghai and shenzhen stock exchange,to listed companies in China as reference coefficient,board of directors of the listed company of our country legal system running system in this paper,the present conditions of existing legal system of independent directors on the importance and necessity of listed companies in our country.The fifth chapter is the problem and the solution of the legal system of the independent director of the listed company in China.In the content of this chapter,the author combines own work situation,board of directors of the listed company of our country paper expounds the problems existing in the legal system,and puts forward the countermeasures.In this article,the independent director system of listed companies in China to study the system,and the main innovation lies in:1,in Chinese listed companies as reference coefficient,using Wind database and the latest data(2012-2015),Shanghai and shenzhen exchanges through the statistics and the comparative analysis of research methods,the effectiveness of the independent directors in listed companies.2,in the governance of listed companies in our country practice Angle,and combining the actual situation of our country and social hot issues,put forward according to the existing problems of the independent director system of listed companies improve the proposal.