| The duties of directors which is an important part of legal system of directors is based on the relation between directors and company and decided by the legal status of director. It is signality in company operation and shareholders and debtors' rights protecting. Diversity is the character of this field for the different legal culture. In the thesis, writer defines the definition of the director classifies the directors firstly, summarize the value judgment of company law of china on the basis of research of the common law and status law and build the foundation of duties of directors. Then through the detailed research of company law, cases and theories of other countries, writer figures out that though the common law and the statue law has the different opinions on the legal status of directors, they both establish the relation between directors and companies on the basis of personal trust, then regulate the duties of the directors mainly the obligation of caution and obligation of faith. From the corresponding rights of the director duties, modern company law pays more attention to directors duties to the shareholders and debtors' rights protecting and have strengthened the responsibilities of directors while emphasizing the director' s obligation to company. Last according to the defects of existing legal system of director duties writer believes that china shall learn from the other countries and realize the value judgment of this system to fit the trend of modern company law. |
