On the Analysis of the Duty of Care in China
|School||Southwest University of Political Science|
|Keywords||Directors diligently obligation to Inadequate Proposal|
Our new \certainly also be directors diligence obligations and norms . However , these regulations provide for very simple operability is not strong , and did not develop diligence obligations , standards of performance and breach of duty of accountability mechanisms . In judicial practice also troubled the judge in deciding a case, there is no uniform standard . Such being the case , through the analysis of the case and the law bar , learn the experience of other countries on the basis of given recommendations Perfection of legislation diligence obligations of directors , so that it can better protect the interests of the company and the directors . This paper is divided into two parts . The first part of the case studies, the case of the \The defendants in the case based on negative as against the legitimate interests of the plaintiff , but no clear provision in the laws and regulations in the way of such infringement . Only from a director and general manager of the identity of the defendant , the company will bear the obligation of diligence to his conviction . This case , come to our current lack of legislative conclusion that no diligence obligations and standards. The second part of the case behind the Theory of diligence obligations that directors . In this part , the regulations of the Companies Act , Bankruptcy Law , listed companies Prospectus Directive \standard of review and complete responsibility system . Many countries in the world have been the perfect director diligence obligations discharge standards and accountability system , compared diligence obligations Standards of directors of several other countries of the world , and a summary , learn from the experience of other countries on the basis of , given suggestions to improve our own standards and accountability mechanisms .