Judgment Applicable Operating Rules

Business Judgment Rule is the judicial organs in the long-term of the judicial practicein the process of creating a aimed at resolving the operators in the business process forreasonable management negligence and thereby causes loss to the company whether theresponsibility of a rule of law. This rule in the case law as the main source of law incommon law countries are widely used for court a fair and reasonable solution tobusiness decision makers in business negligence loss is caused to the company how tobear the responsibility when provides effective legal basis.This paper is mainly composed of preface and three chapters constitute. Theintroduction part briefly introduces the business judgment rule of relevant content andimportance and feasibility, this paper writing motivation and purpose.The first chapter is about the business judgment rule the paper, consists of twocomponents: the first part of the business judgment rule from the concept, origin, legalstatus and applicable purpose four aspects elaborated the basic idea of business judgmentrule; The second part analyzes the business judgment rule and director good tubeobligations, the relationship between the specific business judgment rule of appropriatelegal basis.The second chapter introduces the business judgment rule in foreign development andapplication status and the research situation at home, consists of two components: Thefirst part described the development of the business judgment rule in a foreign countryand apply. According to the common law countries and the mainland legal systemcountry classification, this paper introduces their representative countries in businessjudgment rule for the characteristic and experience, for below analysis business judgmentrule in the construction of our country and the applicable feasibility provides thebeneficial reference. The second part describe business judgment rule in the domestic research status. Stated the Chinese scholars to the business judgment rule apply toacademic debate, for below applicable feasibility of the rules to provide theoreticalsupport.The third chapter is aimed at business judgment rule in China’s construction andexpansion, consists of two components: The first part from the legislation of ourcountry present situation, the director benefit protection and judicial three aspects tospecific analysis business judgment rule applicable feasibility; The second part from thebusiness judgment rule applicable conditions and our model selection aspects, concreteanalysis business judgment rule should have of legislation elements, hope to our countryin applying the rules will benefit.