The Study On The Directors’ Duty Of Illegal Credit Litigation

The directors’ duty of illegal credit litigation is the floorboard of many various lawsuits, which are caused by the fiduciary duty of directors in violation of the provisions of the law. In practice, the phenomena that the directors damage the interests of the company with the violation of the obligation emerge in endlessly, and the resulting litigation also occurs commonly. To safeguard the legitimate interests of the company, and effectively restrain the generation of this kind of phenomenon, the company law and the civil procedure law and other laws in our country made the regulation, and revised for many times. However, things will always be in a state of constant change and development, the development of the law is always lagging behind the practice. Therefore, when we are delighted with it, we can’t ignore that the current law about the regulation of the lawsuit exist many deficiencies, which bring many problems to the judicial practice. In this paper, with the method of empirical research and comparative research, the writer will profile deeply the specific problems that exist in the judicial practice in our country, and study the rules of litigation in other countries and regions. On the basis of them, the writer advance some concrete suggestions on perfecting the lawsuit, to give benefit to the trial practice of the lawsuit about violating directors’ fiduciary duty in our country. Besides the preface and epilogue, there is four parts in this paper totally.The first part gives a basic introduction about the directors breaching of fiduciary duty litigation. It comprehensively analyzes the lawsuit from horizontal and vertical aspects. It mainly discusses three different questions which include its basic concept, classification and history.The second part introduces the present situation and the problems of the lawsuit in our country. This part firstly discusses its situation, including the legislative situation and the judicial status. Then it discusses the main problems in the judicial practice, which include the body of the problems, the jurisdiction and the allocation of in the burden of proof.The third part introduces the legal provisions in other countries and regions. It mainly expounds the legal provisions related to the problems in the previous part, and makes the in-depth analysis and objective evaluation.The fourth part mainly introduces the perfection of the lawsuit in our country. In this part, in view of the problems and the foreign legislation mentioned above, the writer puts forward some feasible Suggestions. On the one hand, consummating the lawsuit qualifications; On the other hand, improving the system of the litigation jurisdiction and the rules of the burden of proof.