论我国独立董事与监事会的冲突与协调

The Conflict and Coordination of Independent Directors and Board of Supervisors in China

按照现行《公司法》的规定,在监事会已经被赋予监督董事会和管理层职能的情况下,又正式确立了独立董事的法律地位,于是独立董事与监事会就构成了公司的主要监督力量。本文简单阐述了独立董事制度和监事会制度,着重分析了两种制度之间存在的冲突,并初步提出了协调两种制度的措施。

In accordance with the existing ＂Company Law＂, provides that the board of supervisors has been given supervisory board and management functions of the circumstances, and the formal establishment of the legal status of independent directors, therefore, independent directors and board of supervisors constitute the company＇s main oversight power. This paper briefly explained the system of independent directors and board of supervisors system, and focused on the conflict between the two systems. Finally the author proposed measures of the initial coordination of the two systems.