Research On The Outgoing Obligation Of Directors

With the continuous development and improvement of China’s socialist market economy, socialist legal system should be followed by continuous progress, outgoing Director obligations of the legal system of China’s socialist legal system needs to be improved. On the one hand, from the current international situation, Britain and other developed countries on the Resignation of Directors obligations stipulated, enough to see the attention of the countries in this regard; the other hand, China’s national conditions and judicial practice, with the with such cases increasing, the outgoing director obligations should be more in-depth. This paper discusses the outgoing Director obligations, the main content mainly covers the reasonable obligations of the outgoing Director, the core content, in violation of the obligations of the outgoing Director finds that the civil liability and its Legislative Perfection. The main content is divided into the following sections:Part Ⅰ:The reasonable for the Resignation of Directors obligations. This section focuses on the the outgoing Director obligations theoretical basis and necessity of legislation.Part Ⅱ:The content of the Resignation of Directors obligation. This section sets out seven core obligations, from the content of these seven obligations summarized into three categories, namely, the behavior of non-compete obligation, the obligation to protect a secret hidden business opportunities as well as other obligations.Part Ⅲ:The standard for the violation of the obligations of the outgoing Directors. This section focuses on the contents of the four core obligations, in accordance with the method of the constituent elements, strictly defined boundaries of four confusingly vague obligation, to facilitate a clearer determination of the case of violation of the outgoing Director obligation.Part Ⅳ:The Civil Liability for the violation of directors’ outgoing obligations.Part Ⅴ:The Legislation of directors’ outgoing obligations of China. At the situation in China today, generally summed up with China’s lack of legislation, so The legislation to improve and explore system design is too eagerly.All in all, the Resignation of Directors Duties and responsibilities of the importance of self-evident, with reference to the outstanding foreign legislative experience, combined with China’s national conditions, perfect to perfect two ways of legal and contractual obligations to develop China’s outgoing Director:First of all, from the legislative Resignation of Directors should be clearly defined obligations on the new "Company Law" and the addition of specific obligations outside, should be accompanied by the "Labor Law","Anti-Unfair Competition Law to be supplemented; Secondly, from the company contract to encourage companies to the outgoing Director obligations in the Articles of Association of the Company or contract. Two ways of legal and contractual flexibility and combine the use, to maximize the Resignation of Directors obligation to make our legal system.