Study On Disgorgement System Of Corporation

The company disgorgement as a legal right in our securities law and corporate law are tracked. Securities Law disgorgement focused on the discussion of short-term trading, which is to study abroad a lot, made a lot of theoretical system design advice and reasonable procedures. By contrast, disgorgement research into corporate law would seem more deserted,so that scholars seem the short-term trading disgorgement as the disgorgement system itself confusingly. In view of this, comparative analysis and empirical analysis paper selects are the combination of methods to make the empirical research of disgorgement system in the field of company law. The full text is divided into four parts.The first part is an overview of the company disgorgement system. This section defines the concept of disgorgement from the company, combining to the nature of disgorgement, and describes the basic system of disgorgement. This section also describes the associated relationship in disgorgement between "Company Law" and "Securities Law". From Essentially, in corporate law, the theoretical root of the company disgorgement is the faithful duty produced by a fiduciary relationship between company and its insiders. Discussion on the legal nature of the company disgorgement, the claims right provides more reasonable and operable nature explanation. In addition, there is a distinction to the content of disgorgement between the "Company Law" and "Securities Act", which is also common.The second part is the judicial empirical research of disgorgement system under corporate law. This article selected 56 typical cases about disgorgement from hundreds case to test the judicial practice ability of company disgorgement system effectively. The exercise way, subjects and normative objects of company disgorgement are the main content relating the specific judicial operation system.Obviously not complete the relevant provisions of the existing companies in disgorgement. The reality of the courts of justice are to be innovative and breakthrough, not legalistic.The third part focuses on a comparative study of legal fact applicable to disgorgement under corporate law. This section compares legislative norms in countries and regions with our legislation, and elaborated on the content and assessment standard applicable to various legal cases. Although about the field of company law in various countries, non-compete is the only case reverted to the company's interests, but our innovation to the disgorgementapplicable expanded to eight kinds of facts. From the point of view about sample of cases, in which self-dealing, competition in the same industry, seek company business opportunities and put company funds to individual account are the most common scenario, and the main reason for proceedings failure is the lack of evidence collection.The fourth recommendation was to explore the perfect suggestion for company disgorgement system. By increasing the disgorgement of the right to exercise the body,expand the rights norms objects disgorgement, content analysis of judicial practice in disgorgement defense content, etc., to make concrete and feasible corresponding policy. At the same time, the portion of the combined sample disgorgement case studies, to explore solutions company disgorgement mode litigation and claims for damages in case of Proceedings. In addition, the paper also made treatment recommendations including in the time limit for exercising power and jurisdiction disputes and aimed at making comprehensive discussion and analysis from the perspective of each of disgorgement system design.