The Legal Regulation In Conflict Of Interests To Directors

Conflict of interests to directors means the directors of transactions in pursuit of its own interests,to make their own in a company's obligations and their own personal interests conflict with the location of the transaction.Its basic form,including acts of directors self-dealing,usurpation of Jingye companies and opportunities.Director conflicts of interest related to the legal system of trading is common law countries and civil law countries in a number of relevant case basis,and gradually developed a system of corporate governance to protect the interests of the company against the directors are not.As the world economy,the internationalization of the acceleration of the development process,our company system to be more and more the impact of the system of foreign companies,research and foreign directors of the Company Law of conflict of interest norms of the advanced experience of the transaction,the analysis of the existing legislative deficiencies and lack of corporate governance for improving China's legal system and to promote economic development has a very important significance.Most of this paper is divided into five.The first part is a conflict of interest of directors an overview of the transaction,including the director of a conflict of interest transactions the system of law and director of the theoretical basis for the main conflict of interest transactions,the definition of the form;The second part is the director of self-dealing,including the basic connotation of self-dealing of an overview of foreign legislation as well as the status quo of China's existing law of self-assessment of the transaction;The third part is Jingye directors,including acts of Jingye an overview of the status quo abroad,as well as legislative director of China's existing non-compete provisions of the relevant legal analysis;fourth part is the opportunity to rule,including an overview of opportunities for common law national legislation on the status,as well as director of civil law countries the opportunity to up the introduction of the company;the fifth part is a director conflict of interest transactions and legislative proposals to improve the idea.This paper attempts to use the methods of historical analysis and comparative analysis of transactions of directors conflict of interest regulations to study the legal issues,focusing on civil law and common law legal system related to the comparison and analysis,try to director conflicts of interest of our transaction system useful insights to improve.