独立董事制度在我国的实践及发展环境分析

独立董事原是英美法系国家为了完善上市公司监督体系所作的制度安排,1997年在我国正式实施。但几年的实践证明它在中国并没有发挥应有的作用。原因是:在社会人文环境方面,我国目前实际上还没有大规模实施独立董事制度的条件;从经济因素方面分析,我国暂时也没有独立董事存在的基础;就我国目前上市公司内部机构事实上的设置来看,独立董事制度更没有多大的作用空间。所以目前独立董事制度在中国的实施条件并不成熟。

An Analysis of the Practice and Developing Environment of Independent Directors System in China

Independent director system was an institutional arrangement by the countries adopting Anglo-American Law System for the improvement of supervisory system of listed companies. It came into effect in china in 1997. But practice has proved that the system failed to exert its supposed effect in China. The causes of the failure are as follows: Firstly, in terms of social and cultural environment, the conditions for a large-scale practice of the independent director system do not exist in China at present. Secondly, in terms of economic factors, there is not the base for the existence of independent director system. Thirdly, due to the internal organizational setup of listed companies, the independent director system cannot play its supposed part. Based on the above analysis, a conclusion is drawn that there are not mature conditions to implement the independent director system in china at present.