Relative Crimes Of Against Loyalty Duty To The Company

Corporate duty of loyalty is a concept in company law theory, for directors, supervisors and senior management set obligations. These subjects because of their authority, the company have significant influence on the need to constrain its power. As business competition intensifies, and the professional division of the refinement, leading to shareholders is difficult to directly participate in the daily operation and management of the company, the company's daily operations must rely on the company directors and other senior management personnel. Company directors and other executives too much power, they may damage the company and shareholders. In recent years, the listed company directors, supervisors and senior managers take advantage of terms of the case against the interests of the company also confirmed this point. End of 2005 amended the "People's Republic of China Law of Corporation" on the company directors and other executives of the duty of loyalty to the detailed provisions, in 2006, "Criminal Law Amendment (f)" in the crime of breach of trust damages the interests of listed companies involved in breach of regulations executives corporate duty of loyalty behavior.These two laws are made to the provisions of duty of loyalty, but how to understand and apply the relevant provisions of criminal law theory and the theory of the company common problems. This concept of duty of loyalty from the company to analyze the "Company Law" and "criminal" the link between the sum of duty of loyalty against the company involved in the offense, and the existing criminal law on the regulation of the flaws of such crimes, and make recommendations to breach of obligations of the company to better combat crime.