On The Analysis Of The Duty Of Care In China

The new Company Law draws lessons from other countries,article 148,which has made the definite rule that the directors are in duty of care bound to the corporation。In addition, Law of the People's Republic of China on Enterprise Bankruptcy etc,also make the standard of the duty.However,such laws ,which is simple and hard to work,make the judges in a dilemma due to the reasons that these laws have not made the content ,standard and the mechanism of acting against the law.Thus ,this essay gives some advice under the anlaysit of one case and some articles in order to consummate the lawmaking and protect the profit of the corperation the the directors.There are two parts of this essay.In the first part, the author has pointed out some shortages of the particular law of the duty of care.according to the analysis of the case in which the defendant has infrigeted the legal profit upon the accuser in the way that negative act,which has not been found the clear regular in the law.Through this analysis ,we can make a conclude that the present lawmaking is insuffient because there is no content and standard of the duty of care. In the second part, there are some disscusion of the duty od care.In this part,the essay has pointed out the essence of the shortage through the analysis of the regulars of Company Law,Law of the People's Republic of China on Enterprise Bankruptcy, ----the regular is not comprehensive,and short of the standard of examimg and running the duty.Many countries has already owned the suffienct standard ,the author has draw lessons from other countries and made a summary ,at last ,the author provides some suggestion of comsummating the standard of our owns.