Research On The Corporate Opportunity Doctrine

In the market economy,the corporation's business opportunity is likely to have been usurped by the fiduciary.In order to regulate this kind of behavior,the case law of the United States and the United States developed Corporate Opportunity Doctrine on the basis of long-term judicial practice.In recent years,civil law countries have gradually introduced the corporate opportunity doctrine of precedent,in 2005 China revised the "company law" also introduced this rule,but because of the limited legislative level,there are many shortcomings in the specific application.Based on the analysis about the company opportunity from2005 to 2016 of judicial cases in our country,think in the definition of the main board in the usurpation of corporate opportunity,identifying criteria for corporate opportunity,the opportunity of the company defenses are not mentioned,needs to be further perfected.Based on this,this paper is to perfect our corporate opportunity as the starting point and end point,discussing the legislative and judicial status of our country company opportunity rules,and referring to a large number of cases of common law companies,should be subject to expand the scope of corporate opportunity rules,specify the standard of corporate opportunity,improve the rational use of the corporate opportunity and the rules of burden of proof for the company to obtain relief,and puts forward the preventive measures of directors to usurp company opportunity.