The Research Of Legal Regulations For The Trustee Self-transaction In Japanese Law

The faithful duty and care obligation of the directors in the company law ask the directors to work faithfully for the company and can not make their personal interests in conflict with the interests of the company. In the self-dealing transactions of directors, the directors shall not place their own interests upon the company's interests and take the actions which are given priority to corporate interests. Therefore, whether in the countries of common law or civil law, all of them develop the corresponding legal norms for the acts of self-dealing director in order to prevent directors to abuse their status and powers and act against the interests of the company. Establish a Healthy and normative system for self-dealing directors in the company can play an important role in safeguarding in the supervision of fulfilling their duties for directors, preventing their abuse of power and protecting the interests of the company and shareholders. This paper analyzes the regulation for the self-dealing of directors in Japanese company law with a view to improving the self-dealing system for directors of our country.In May 17,2005, the Japanese Congress passed the "New Company Law" (new Company Law). It come into operation in April 1,2006. So far, this is Japan's first company law." Japanese companies Code " published in 2005 made significant changes to the existing company law with the contents of the modernization of the company's legal system. It is need to be raised is that Japan has developed a new "Company Law" in 2005 to replace the original company provisions of Part2 of commercial law, However, taking into account a considerable theoretical value for jurisprudence of formed on the basis of commercial law during a long time, this paper will remain focused on the introduction of them.As early as in 2005, China's NPC Standing Committee 18th meeting revised the Company Law. This amendment is of great significance for Chinese Company Law. It introduced some advanced systems in Japanese company law. It is not difficult to see the trajectory of Japanese law In the company law. This article aims to introduce the self-dealing system of duties and obligations of the director's in Japanese company law, and compares with Chinese company law and hope for further improvement of China's company law.