论独立董事责任保险制度

Research on Liability Insurance for Independent Directors

推行独立董事责任保险可以分散和降低独立董事的职位风险,借以平衡独立董事的义务与利益之间的冲突。独立董事责任保险制度涉及独立董事赔偿责任的构成、被保险人的范围、保险责任的范围、保险费率和保险金额的确定、保险费的承担、独立董事的告知义务等具体问题。我国建立独立董事保险责任制度的时机已经成熟,应当着手借鉴国外有关经验,并注意该制度的创新和本土化。

The liability insurance for independent directors can disperse and reduce the risk of position, thus balancing the conflict between duties and interests of independent directors. A system of liability insurance for independent directors involves such concrete aspects as the constitutes of independent directors' compensation liability, scope of insurants, insurance coverage, insurance rate fixing and insurance amount calculation, undertaking of insurance fees, notification duty of independent directors, etc. It has been ripe now for China to set up its liability insurance system for independent directors. We should set about to borrow the concerning foreign experiences for our reference and pay attention to innovation and localization of such a system.