从中日对比的视角看独立董事制度立法方式的选择

To View Legislation Mode of Independent Director in the Perspective of Comparing with Japan

比较中国和日本独立董事制度立法方式的异同,说明中日两国在任意性规范与强制性规范的平衡把握上殊途同归,都在一定程度上达到了宽严有度、刚柔相济的立法效果,并为下部法规的制定提出建议。

The paper compares the legislation mode of independent director between China and Japan. The author argues that the two countries reached the same goal of to balance the random regulation and the compelling regulation by different mutes, and the legislation effect of the two countries is coupling hardness with softness and moderating strictness with lenience. The paper also put forwards some suggestions of further legislation.