On Acknowledge Standard Of Company Opportunity Rules

The Company Opportunity is very important theory in Anglo-American company law system, it existents with deeply support by the economic and legal theory, the development and prosperity of the Company Opportunity is inseparable with the development of jurisprudence cases of the Company Opportunity in the Common Law countries. With the mutual influence and infiltration of the two legal cultures, the Civil Law countries also began to introduce the theory.Chinese theorists don't study the Company Opportunity enough, the nature of the Company Opportunity which identified by the theorists is still vague. The Company Opportunity is not a company's property, nor a company's expectation right, which actually does not have any elements to constitute a right. The Company Opportunity not be changed by the people's willing, which is an uncertain fact. With the deficiencies of the theoretical understanding, leading the Company Opportunity theory is limited to the nominal expression in our Company Law, without any definition about it in the legal. Standards of the determining for the Company Opportunity, remedy for violation of the Company Opportunity, defenses, sharing of the burden of proof, accountability approach and other problems, are very difficultly to find a suitable solution in the existing legal framework, all these problems will lead difficulty to justice and can't conducive to protect the clients.To address these problems, we should clearly define the Company Opportunity in the Company Law. The Company Opportunity is that the companies use the companies'capital, technology, equipment, manpower and other resources to obtain in the course of the companies'business activity, or with the use of the company's capital, technology, equipment, manpower and other resources to obtained in organic links, or the companies' existing business or business could be reasonably extended to, and the company directors, managers or other senior managers, the controlling shareholders, the actual controllers, the independent directors, etc, as well as the existence of the aforementioned subject directly or indirectly affiliated staff, without due the legal process shall not use the specific business opportunities.When somebody violate the Company Opportunity, the eligible shareholders can directly to the court for prosecution in the name of the company and needn't apply prosecute to the directors or supervisors of the company in writing first. The subjects who in the legal qualifications to the jurisdiction of the courts to prosecute cases which can be handled. These obligations man violate the Company Opportunity, who should give the contracts and the earnings in (tangible and intangible) by using the company Opportunity to the employer, and should assume responsibility for punitive damages, also the loss liable for damages.