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Legislation Discussion Of Violating Fiduciary Duties Of Company Executives And Directors

Posted on:2012-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2166330332973553Subject:Law
Abstract/Summary:PDF Full Text Request
Decades ago, the phenomenon of company executives and directors'committing crime of violating fiduciary duties in china is sporadic. However, in recent years, the occurrence of violating fiduciary duties is increasing and spreading fast, with a trend of increasing year by year.Throughout the Hongsheng Huang case of Skyworth, the Chujun Gu case of KELON, the Ping Wan case of Nintaus (Group) Company, the Zonglin Xu case of DIAMONG, or to the recent case of Guangyu Huang of GOME, the mentioned executives and directors all have violated the fiduciary duties, which should be the basic moral commitment and legal responsibility. By taking the advantage of the position in the company, they injured the company's property interest, challenged and broke the market economy order, the confidence and resolution of establishing a modern enterprise system, and additionally damage the social credibility.The author here takes the perspective of combining the Chinese Company Law and Criminal Law to analyze the main problems existing in legal practice of committing crime of violating fiduciary duties by executives and directors by the way of explaining basic concepts of fiduciary duties, comparing with several countries' relevant laws and regulations, and ultimately find and conclude that there are some inconsistence and impractical points in the Chinese Criminal Law and defects of fragmental design in the legislative models, etc.Therefore, the author suggest to enhance and develop the regulation system of the Chinese Criminal Law by modifying relevant provisions and adding a new crime of Offenses of Breach of Trust so as to aggravate the penalty of violating fiduciary duties by company executives and directors.
Keywords/Search Tags:Executives and Directors, Fiduciary Duties, Breach of Trust, Regulation
PDF Full Text Request
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