论独立董事独立性与我国相关立法的完善

自2001年8月16日中国证监会发布<关于在上市公司建立独立董事制度的指导意见>(以下简称<指导意见>)后,关于我国建立独立董事制度曾引起激烈争论.实际上,独立董事制度在我国上市公司已经逐步建立[1],因此讨论的重点不应再是是否应该建立独立董事制度,而是如何完善使之与我国上市公司治理结构相协调,发挥其应有作用.

Discusion of perfection of the relevant legislation of our country of independent director's independence

China's Securities Regulatory Commission release " about set up independent director instruction of system in listed company " will it be August 16 2001, the scholar sets up independent direetors system necessity and perfects fierce dispute to our country. I think whether should not set up independent direetor's system again in focal point discussed, but how to make it consert with administration structure of listed company. The purpose set up of the independent director's system is for giving play to its supervision function, and the prerequisite that independent direetors supervision function give play to is to keep the independent direetor's independence . This text analyses the meaning in the independent director of independence mainly, and how to guarantee and perfect its independence, is it propose suggestion a bit to ensure for of our country independent director perfection , especially system of independence of system.