对独立董事有关法律问题的思考

Reflection of the Legal Problem Concerning Independent Directors

独立董事制度对改善我国公司治理结构有着十分重要的作用。我国在推行独立董事制度时,应当着眼于营造使独立董事制度能够规范运作的法律环境和相应的制度环境,独立董事制度能否在我国实质性地引进并步入良性发展轨道,关键在于要有完善的法律体系予以规范、保障和指引。

This paper probes into the legal problem about independent directors which is a concern of enterprises, with emphasis laid on the important role that the institution of independent directors plays upon the improvement of the administrative structure of companies in our country. The paper discusses the legal environment and the corresponding systemic environment that should be created with careful consideration and that will make it possible for the institution of independent directors to operate in a standardized manner when it is popularized in our country. It points out that whether the system concerning independent directors can be substantially introduced and soundly developed in China hinges upon whether it is standardized, safeguarded, and guided by a sound legal system.