A Study Of The Disgorgement

Disgorgement is a special remedy when director or manager breach non-compete obligation.At the same time,it is right to engage in short-swing trading penalties.Company Law and Security Law stipulate that the company can use its disgorgement in special cases.However,both of the laws have short-comings in the regulation of the disgorgement.These short一comings will cause diffieulties to the performance of the disgorgement and judieial practiees.So it is necessary to research the legal issues of the disgorgernent systematieally.This thesis have five chapters:In the first chapter,the author will explain the background and significance of this research, domestic and international research status, as well as research methods and techniques of innovative papers point, in order to make the overall grasp of the thesis.In the second chapter, This thesis will be included in the company the right to legal definition as a starting point, and then leads to the right of the company included in the characteristics of the right in determining the nature of the company included in the formation of the right to launch the company included in the theoretical value of the right is to safeguard the independence of the company's property, as well as to overcome the company's Control manager's departure from the interests and the interests of the company in order to grasp the whole company the right to basic knowledge of classified, for later in the discussion on this issue and lay a good foundation. The trust theory used to outline the company's classified as the theoretical basis and the value of the right of this thesis is one of the innovative points.In the third chapter, the author will combine the practice of national legislation to introduce national and regional legislation and practice in Taiwan, China set out the types of companies classified as right, and based on our laws, the right of the company's classified details of several types.Then in the fourth chapter,the author will analyses the jurisprudence,legislation and performance of the disgorgement bases on the legislation on the disgorgement in Ameriea,Japan,Taiwan distriet and China's praetiees . And then the exercise of the right will be included in the procedures the company with the knowledge of procedural law, the analysis, which is to set out the entire fourth chapters focus on the issue, but also another innovation in point of this article. Finally, this chapter will incorporate a number of countries and Taiwan, the legislative practice of analyst firm the right to exercise the classified matter of time.The fifth chapter the author will analyze the company's existing Chinese laws in China fall under the lack of the right and perfect. This chapter will incorporate the right of the relevant provisions on the fall and pointed out that China's legislation and practice on this issue a number of deficiencies, and make some good responses and suggestions, with a view to the right of our classified system, the establishment of the company have been helpful.