Dissertation
Dissertation > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law

On the Analysis of the Duty of Care in China

Author QianXingRu
Tutor WeiZhongYu
School Southwest University of Political Science
Course Legal
Keywords Directors diligently obligation to Inadequate Proposal
CLC D922.291.91
Type Master's thesis
Year 2011
Downloads 53
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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 .

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