Research On The Director Of The Non-Compete

With the rapid development of market economy and modern company systemchange, followed by separate ownership and control become the main characteristics ofthe modern company system. After that the board of directors and its directors haveimportant company information, its business activities directly decides the company’soperating results, the development prospect and destiny. Director use at the company’smanagement position, seek improper interests for yourself or others, damage to thelawful rights and interests of the company, the directors breach of non-competeobligation not only can cause large economic loss to the company, and destroys thenormal social economic order, shall be full attention on this question. Thereforeconducted a series of rules and regulations for acts of directors, the executive director ofthe non-compete system under this major premise arises at the historic moment. Newrevised the company law in our country, although the borrowed from other countriesadvanced legislation, the legislative mode, expand the scope of directors subject ofnon-compete, introduced shareholder derivative system to improve the directorsnon-compete. But we should see, compared with other developed countries for theregulations, the company law in our country to the director of the non-competeprovisions or a more general and lack of flexibility, lack of maneuverability in practice.This article is to the director of the non-compete research problems. Using the conceptof directors non-compete as a breakthrough point, from the director of the non-competeobligation, characteristics, classification, theory basis and the content of the judgmentstandard, this paper based on the foreign advanced legislative experience of theinterpretation to reveal insights about this system abroad, and tries to draw lessons from,at the same time, aiming at the present situation about the director of the non-competesystem legislation, in-depth analysis of the defects in the legal system of our countrydirector non-compete and defects, to enrich and perfect the related system in thecompany law and the relevant legal regulations. Targeted puts forward legislativeSuggestions to perfect the director non-compete system in China. The author want tothrough to the director of the non-compete system research, aiming to lawmakers todeepen the recognition of the importance of directors non-compete obligation, so as tofurther perfect our directors non-compete system, in order to ensure the competinginterests and economic interests of the company. In this paper, besides introduction and conclusion, of four parts of the body, thespecific content of each part are as follows:The first part, this chapter mainly discusses the legal status of director and directorin the company were summarized.The second part, mainly on the non-compete obligation of directors were analyzed,but also put forward ideas for exceptions. Process analysis focuses on the obligation forone of the key points of interpretation of the theory in order to achieve the non-competeobligation analysis. While for the non-compete obligation exempt directors wereanalyzed, mainly for industry around the world competing for the regulations exemptderived elements and combine with national law.The third part of this chapter focused on the core issue of directors Prohibition-"self or for others operate" analysis of the issues elaborated a comprehensive theoreticalstudy of its subject, object, and the judgment of the geographical and temporal analysis.To conclude, as our theoretical foundation director noncompete system.The fourth part, this chapter mainly introduces the construction directornon-compete system framework, reviewed our country the present situation about thedirector of the non-compete system legislation, in-depth analysis of the defects in thelegal system of our country director non-compete and lack of experience. Targeted putsforward legislative Suggestions to perfect the director non-compete system in China.