论独立董事和监事会在上市公司监督机制中的关系

A Study of the Relationship between Independent Directors and Board of Supervisors in the Supervising System of Listed Companies

独立董事和监事会制度在我国上市公司的并存中存在职能定义不清、职能交叉等问题,两种制衡机制在运行的过程中产生许多矛盾。文中分析了我国上市公司的独立董事制度和监事会制度在并存过程中存在的冲突,并对其如何角色定位和如何进行职能协调提出了相应的对策。

The systems of independent directors and board of supervisors are incompatible while they re operating in the listed companies, such as the problems of function definition and crossed authorities. This paper is based on the development and the relationship of these two parties. We analyzed the conflicts between these two systems, and we consequently propose the solutions of how to re-define the role of these two systems and harmonize their functions.