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关于独立董事制度的法律思考

作为英美国家公司治理模式的必然产物，独立董事制度在现代企业的发展中发挥着越来越大的作用。||Concerning independent board director institutional law thinking

Conduct and actions the British and American and national company manage the inevitable outcome of the mode, independent board director's system develops a more and more big function in the development of the modern business enterprise.为完善上市公司治理结构，中国证监会先后于2001年8月和2002年1月颁布了《关于在上市公司建立独立董事制度的指导意见》和《上市公司治理准则》，标志着独立董事制度在中国上市公司中全面铺开。||Concerning independent board director institutional law thinking

Conduct and actions the British and American and national company manage the inevitable outcome of the mode, independent board director's system develops a more and more big function in the development of the modern business enterprise.Manage structure for the perfect listed company, the Chinese certificate 监 will promulgate in August of 2001 and in January 2002 successively 《concerning the instruction opinion that builds up independent board director system in the listed company 》and 《the listed company manage standard 》, symbolize independent board director's system to spread to open completely in the Chinese listed company.应该建立什么样的独立董事制度，如何有效地发挥独立董事的作用，怎样对独立董事进行合理规范和建设等，已成为经济理论界及法学界讨论的热点和焦点问题。||Concerning independent board director institutional law thinking

Conduct and actions the British and American and national company manage the inevitable outcome of the mode, independent board director's system develops a more and more big function in the development of the modern business enterprise.The Manage structure for the perfect listed company, the the Chinese certificate 监 will promulgate in August of 2001 and in January 2002 successivelies 《the concerning the the instruction opinion the that builds the up independent the board director the system in the the listed company 》and 《the the listed the company manage standard 》, symbolize independent board director's system to spread to open completely in the Chinese listed company.Should build up what kind of independent board director's system, how develop the function of the independent board director availably, how carry on reasonable norm and construction etc.s to the independent board director, have become the economic theories field and the method educational circles to discuss of a little bit hot and focus problem.本文对独立董事制度的历史沿革及与独立董事相关的法律概念做了一般性理论阐释，并在此基础上分析我国引入独立董事制度的背景及可行性。||Concerning independent board director institutional law thinking

Conduct and actions the British and American and national company manage the inevitable outcome of the mode, independent board director's system develops a more and more big function in the development of the modern business enterprise.The The Manage structure for the the perfect the listed company, the the the the Chinese certificate the 监 will the promulgate in the August of 2001 and the in January 2002 successivelieses 《the the concerning the the the the instruction opinion the the that the builds the the up independent the the board the director the the system in the the the the listed company 》and 《the the the the listed the the company manage standard 》, symbolize independent board director's system to spread to open completely in the Chinese listed company.Should build up what kind of independent board director's system, how develop the function of the independent board director availably, how carry on reasonable norm and construction etc.s to the independent board director, have become the economic theories field and the method educational circles to discuss of a little bit hot and focus problem.This text to the history origin and development of the independent board director system and did general theories with independent board director's related law concept to explain, and the analytical our country leads the background and the possibility of the system into the independent board director on this foundation.针对目前我国独立董事制度存在的多方面问题，本文试从独立董事与监事会的职能划分，董事会专门委员会，独立董事激励机制及独立董事的责任规定等方面提出完善建议。||Concerning independent board director institutional law thinking

Conduct and actions the British and American and national company manage the inevitable outcome of the mode, independent board director's system develops a more and more big function in the development of the modern business enterprise.The The The the Manage structure the for the the the perfect the the listed company, the the the the the the the Chinese certificate the the 监 the will the the promulgate in the the August of 2001 and the the in January 2002 successivelieseses 《the the the the concerning the the the the the the instruction the opinion the the the that the the builds the the the the up independent the the the the board the the director the the system in the the the the listed company 》and 《the the the the listed the the company manage standard 》, symbolize independent board director's system to spread to open completely in the Chinese listed company.Should build up what kind of independent board director's system, how develop the function of the independent board director availably, how carry on reasonable norm and construction etc.s to the independent board director, have become the economic theories field and the method educational circles to discuss of a little bit hot and focus problem.This text to the history origin and development of the independent board director system and did general theories with independent board director's related law concept to explain, and the analytical our country leads the background and the possibility of the system into the independent board director on this foundation.Aim at currently an our country independent board director's system existent complicated problem, this text tries to divide the line from the working talent of the independent board director and the supervisor meeting, board of directors specialized committee, the independent board director encourages the responsibility provision etc. of[with] mechanism and independent board director to put forward a perfect suggestion.

Reflection on the legal system of independent directors.

United States corporate governance model as the inevitable product of independent directors in the modern enterprise system development is playing an ever greater role. To improve the governance structure of listed companies, the China Securities Regulatory Commission in August 2001 respectively in January 2002 and promulgated the "on the establishment of independent directors in listed companies guidance systems" and "corporate governance guidelines listed" independent director system in China that listed companies spreading. What should be the establishment of an independent director system, how to effectively play the role of independent directors, independent directors how to conduct reasonable norms and building has become an economic theorists and law experts to discuss hot issues and focus. The system of independent directors and independent directors and the history related to the legal concept of a general theory to explain, and on this basis the introduction of independent directors to analyse my background and the feasibility of the system. My response to the current existence of a system of independent directors, independent directors and the board of supervisors this ban from the division of functions, the Board special committee of independent directors incentive mechanisms and the responsibilities of independent directors under the proposed terms.