Criminal Regulation Of Violating Loyal Duty Of Our Country’s Company Directors

In the modern corporate governance relations, the company’s director as management authority control the company’s daily decision-making and operations. Corporate governance structure gradually from the previous "shareholder-centrism" evolved into the current "director centrism". The right of directors keeps expanding. So when the directors violate the duty of loyalty, it is particularly important to restriction their behavior. When the directors of the company violated the duty of loyalty, their acts damage company’s interests and have serious harm to society order, the directors need to bear the criminal responsibility.Our Criminal Law involves eleven criminal charges about these behaviors. However,because the penal own shortcomings and conflict between the criminal law and company law, causing many problems about the relevant aspects of crime that the directors of the company violating the duty of loyalty. Based on the theory of company directors’ duty of loyalty, analysis the existing defects that Criminal Law regulates the crime that directors of the company violated the duty of loyalty. Learn from foreign legislative provisions and practical experience relating to the relevant crimes. In addition, according to China’s actual conditions, this paper argues that we should use subordinate legislation pattern of Criminal Law, set the Breach of Trust, reduce the recognized standards about objective elements of crime, perfect penalty configuration of relevant crimes. Only in this way can we better prevent and punishment the director’s related crimes in violating duty of loyalty.